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Art.3 Ammunition/Munitions

Stuart Casey-Maslen, Andrew Clapham, Gilles Giacca, Sarah Parker

From: The Arms Trade Treaty: A Commentary

Andrew Clapham, Stuart Casey-Maslen, Gilles Giacca, Sarah Parker

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Arms control — Self-defence — Warfare, air — Warfare, land — Warfare, sea — Humanitarian intervention — International peace and security

This chapter examines Article 3 of the ATT. The article sets out the central obligations with respect to all ammunition/munitions that are fired, launched, or delivered by the conventional arms falling within the scope of the ATT. The provision requires states parties to set up and maintain a national control system to regulate export of these items and to apply the provisions of Article 6 (Prohibitions) and Article 7 (Export and Export Assessment) to all such exports. Article 3 makes it clear that the obligation to take measures to regulate the export of ammunition/munitions only applies to such items as can be ‘fired, launched or delivered’ by the conventional arms covered under Article 2(1). Thus, it must be noted that the undertaking does not apply to ammunition/munitions associated with other conventional arms not covered by the treaty.

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