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Art.5 General Implementation

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: 30 September 2023

Subject(s):
Arms control — Warfare, air — Warfare, land — Warfare, sea — Weapons — Humanitarian intervention — International peace and security

This chapter discusses Article 5 of the ATT. Article 5 sets out the obligation to implement the ATT at the national level, in particular by establishing and maintaining a national control system for the transfer of conventional arms and integral parts and components and for ammunition/munitions. It should be noted that this is the only provision that obliges states parties to set up national mechanisms to regulate conventional arms transfers, as opposed to transfers of parts and components and ammunition/munitions. In addition, Article 5 offers detail on the scope of the treaty outlined in Article 2(1) by requiring each state party to regulate battle tanks, armoured combat vehicles, large-calibre artillery systems, combat aircraft, attack helicopters, warships, and missiles and missile launchers in accordance with the United Nations Register of Conventional Arms (UNROCA) and small arms and light weapons, as defined under the 2005 International Tracing Instrument.

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