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NOBEL PEACE LAUREATES' INTERNATIONAL CODE
OF CONDUCT ON ARMS TRANSFERS
Table of Contents
We come from different nations with varied histories, and
in the past, the world has honored each of our struggles for
peace and justice with the Nobel Prize for Peace. Today, we
speak as one to voice our common concern regarding the destructive
effects of the unregulated arms trade. Together, we have written
an International Code of Conduct on Arms Transfers, which,
once adopted by all arms-selling nations, will benefit all
humanity, nationalities, ethnicities, and religions.
This International Code of Conduct would govern all arms
transfers, including conventional weapons and munitions, military
and security training, and sensitive military and dual-use
technologies. The Code stipulates that any country wishing
to purchase arms must meet certain criteria, including the
promotion of democracy, the protection of human rights, and
transparency in military spending. It would also prohibit
arms sales to nations that support terrorism and to states
that are engaged in aggression against other nations or peoples.
The international community can no longer ignore the repercussions
of irresponsible arms transfers. Indiscriminate weapons sales
foster political instability and human rights violations,
prolong violent conflicts, and weaken diplomatic efforts to
resolve differences peacefully. Arms transfers often take
place under a cloud of secrecy, and generally respond to the
desires of a few while ignoring the needs and rights of the
many. Sadly, many governments continue to divert scarce resources
toward arms purchases while their people live in abject poverty.
Millions of civilians have been killed in conflict this century,
and many more have lost their loved ones, their homes, their
spirit. In a world where 1.3 billion people earn less than
1 dollar a day, the sale of weapons simply perpetuates poverty.
Our children urgently need schools and health centers, not
machine guns and fighter planes. Our children also need to
be protected from violence. The dictators of this world, not
the poor, clamor for arms.
Once in effect, this International Code of Conduct on Arms
Transfers would prevent undemocratic governments from building
sophisticated arsenals. Governments which systematically abuse
internationally recognized human rights through practices
such as torture or arbitrary executions would not receive
military training. Countries who commit genocide would not
be able to buy munitions. Governments engaged in armed aggression
against other countries or peoples could not buy missiles.
States that support terrorism would be prevented from acquiring
weapons. In addition, all nations would be required to report
their arms purchases to the United Nations. This Code of Conduct
would undeniably promote global peace and security, and protect
human rights.
We call on all nations to endorse this International Code
of Conduct on Arms Transfers. The citizens of the world must
demand that leaders support this Code as well as similar efforts
on the national and regional level. Only through solidarity,
compassion, and courageous leadership can we make violence
and its vestiges a distant memory of the past.
Gravely concerned that international transfers of major conventional
weapons, small arms and light weapons, and ammunition result
every year in human misery and countless deaths, the majority
of which are suffered by civilian populations;
Recognising that, according to the UN Charter, every state
has a right to individual and collective self-defence against
acts of aggression, and that every human being has the inalienable
right to life, liberty, and security of person, as stated
in the Universal Declaration of Human Rights;
Convinced that conflicts should be settled by peaceful means
rather than by the use or threat of force; Alarmed by the
excessive stockpiling of conventional weapons and by their
increasingly sophisticated and lethal levels of technology,
both of which tend to increase instability through regional
arms races;
Recognising that internationally transferred arms and ammunition
are frequently used to facilitate and commit human rights
abuses and to prevent democratic governance, in contravention
of international human rights law;
Recognising, moreover, that these weapons transferred internationally
are frequently used to commit acts of aggression between and
within states;
Mindful that weapons transfers often result in situations
whereby vendor states confront enemies that they themselves
have helped to arm;
Concerned that international arms transfers can undermine
social and economic development in both exporting and importing
countries by diverting scarce resources;
Noting that reduction of global military spending in many
countries could release substantial resources for the social
and economic development of all peoples and would permit dramatic
increases in funding for demobilisation and conversion of
resources to peaceful, productive uses;
Reaffirming that the United Nations has an important role
to play in maintaining international peace and security through
the regulation of armaments, as set forth in the Charter;
Welcoming, in this context, steps taken by Member States
to provide for transparency and restraint of arms transfers,
such as: the United Nations Register of Conventional Arms,
the Panel of Governmental Experts on Small Arms, General Assembly
resolutions on curbing the illicit transfer of conventional
arms, the standardised reporting form of military expenditures,
and the UN Disarmament Commission's Guidelines for International
Arms Transfers;
Welcoming also that, in addition to measures of transparency
and restraint, regulations on arms transfers have been achieved
in specific cases, such as anti-personnel land mine export
moratoria and arms embargoes;
Noting, however, that existing regulations are inadequate
and that, in order to further the cause of global peace, security,
and human rights, a more comprehensive international mechanism
to regulate and monitor the transfer of arms must be established.
We hereby call on all governments to abide by the following
rules and principles to govern international arms transfers:
SECTION I: DEFINITIONS
Article 1: Arms
For the purposes of this Code, arms include:
- All weapons, munitions, sub-components and delivery systems,
including, for example: battle tanks, armoured combat vehicles,
military aircraft, artillery systems, military helicopters,
missiles, paramilitary police equipment, mortars, machine
guns and sub-machine guns, rifles, pistols, anti-tank weapons,
mines, grenades, cluster bombs, and all types of ammunition.
- Sensitive military and dual-use technologies, including,
for example: encryption devices, certain machine tools,
super-computers, gas-turbine and rocket-propulsion technology,
avionics, thermal-imaging equipment and chemical irritants.
- Military and security training including the provision
of expertise, knowledge or skill in the use of such weapons,
munitions, sub-components and sensitive technologies.
Article 2: Transfers
For the purposes of this Code, transfers are defined as:
- Any transaction resulting in a change of title to, and/or
control over, any arms defined in Article 1, and any physical
movement of any arms defined in Article 1 from one jurisdiction
to another. Such transfers include those conducted in return
for direct payment, credit, foreign aid, grants, and goods
received as a result of off-set or barter arrangements.
They also include transfers of expertise, information, designs,
technology or goods under licensing and co-production agreements,
leasing arrangements, and arms deliveries in return for
which the supplier receives no financial compensation, goods
or services. Logistical and financial support for any of
the above arrangements are also included.
- Any provision by one or more persons to another in a different
jurisdiction of expertise, knowledge or skill in the use
of arms as defined in Article 1 above.
SECTION II: PRINCIPLES
Arms transfers may be conducted only if the proposed recipient
state, or recipient party in the country of final destination,
is in compliance with all of the following principles:
Article 3: Compliance with international
human rights standards
- Arms transfers may be conducted only if it can be reasonably
demonstrated that the proposed transfer will not be used
by the recipient state, or recipient party in the country
of final destination, to contribute to grave violations
of human rights, such as:
- genocide and other crimes against humanity, for example
"ethnic cleansing"1;
- extra-legal, summary or arbitrary executions;
- enforced disappearances;
- torture or other forms of cruel, inhuman or degrading
treatment or punishment;
- detentions in violation of international human rights
standards.
- Arms transfers may be conducted only if the proposed recipient
state, or recipient party in the country of final destination:
- Vigorously investigates, prosecutes and brings to
justice those responsible for the above-mentioned violations
and abuses of human rights and violations of the laws
and customs of war;
- Makes it part of the training of the armed forces
and law enforcement agencies that anyone ordered to
commit the above-mentioned grave violations has a duty
to refuse;
- Works towards the establishment of impartial and independent
bodies that oversee the protection of human rights and
does not impede the free functioning of domestic and
international human rights organisations.
Article 4: Compliance with international
humanitarian law
Arms transfers may be conducted only if the proposed recipient
state, or recipient party in the country of final destination:
- Does not engage in, or sponsor, grave breaches of the
laws and customs of war as set forth in the Geneva Conventions
of 1949, and additional Protocols of 1977, and other rules
and principles of international humanitarian law applicable
during inter-state or intra-state armed conflict which,
for example, prohibit arbitrary and summary execution, indiscriminate
killing, mutilation, torture and cruel treatment, and hostage
taking;
- Provides access on a regular basis to humanitarian non-governmental
organisations in time of conflict or humanitarian emergency,
including access of the International Committee of the Red
Cross to detainees.
- Co-operates with international tribunals, either ad-hoc
or general, with the power to adjudicate violations of the
rules listed under (A).
Article 5: Respect for democratic rights
Arms transfers may be conducted only if the proposed recipient
state:
- Allows its citizens to choose their representatives through
free and fairly-contested periodic elections that feature
secret balloting;
- Permits its citizens to express their political views
through the freedom to speak, disseminate ideas and information,
assemble, associate, and organise, including the organisation
of political parties.
- Has civilian institutions that determine national security
policy and control the operations and spending of the armed
forces and law enforcement agencies;
Article 6: Respect for international
arms embargoes and military sanctions
Arms transfers may be conducted only if the proposed recipient
state, or recipient party in the country of final destination:
- Is in compliance with international agreements relating
to arms embargoes and other military sanctions decreed by
the United Nations Security Council, whether or not they
have been adopted specifically under Chapter VII of the
UN Charter;
- Is in compliance with arms embargoes and other military
sanctions decreed by regional organisations or regional
arrangements to which it is a party.
Article 7: Participation in the
United Nations Register of Conventional Arms
Transfers may be conducted only if the recipient state fully
participates in reporting arms transfers to the United Nations
Register of Conventional Arms, as defined in United Nations
General Assembly Resolution 46/36 L of December 9, 1991.
Article 8: Commitment to promote regional
peace, security and stability
Arms transfers may be conducted only if the proposed recipient
state or recipient party in the country of final destination:
- Is not involved in an armed conflict in the region, unless
it is recognised by the UN as being engaged in an act of
self-defence in accordance with Article 51 of the UN Charter;
or is playing a role in a UN-mandated operation;
- Is not, as a result of this transfer, introducing weapons
beyond those considered appropriate for its legitimate self-defence;
or introducing a significantly more advanced military technology
into the region;
- Recognises the right of other UN-recognised states in
the region to exist within agreed boundaries, and agrees
to submit disputes relating to territorial claims to third
party settlement;
- Carries out and/or respects an agreed cease-fire as party
to a former conflict;
- Does not advocate national, racial or religious hatred
that constitutes incitement to discrimination, hostility
or violence, in particular propaganda inciting individuals
to overthrow their own or a foreign government, or inflammatory
propaganda in pursuit of the vindication of territorial
claims;
- Is not engaged in armed actions or practices which are
likely to lead to a significant number of displaced persons
or refugees.
Article 9: Opposition to terrorism
Arms transfers may be conducted only if the proposed recipient
state, or recipient party in the country of final destination:
- Has ratified, and is not in violation of, the international
conventions and instruments concerning terrorism or acts
associated with terrorism, including, for example: the Tokyo
Convention on Offences and Certain Acts Committed Onboard
Aircraft; the Hague Convention for the Suppression of Unlawful
Seizure of Aircraft; the Montreal Convention for the Suppression
of Unlawful Acts Against the Safety of Civilian Aircraft;
the Convention on Offences Against Internationally Protected
Persons (New York Convention); the International Convention
Against the Taking of Hostages (Hostages Convention); and
the Convention on the Physical Protection of Nuclear Material;
- Is in compliance with the international obligations relating
to the apprehension and prosecution or extradition of terrorist
suspects found within the territory of the recipient state;
or of persons indicted by an international ad-hoc War Crimes
Tribunal or by an international criminal tribunal;
- Does not allow its territory to be used as a base for
terrorists, or as a base to supply or direct terrorists.
Article 10: Promotion of human development
Arms transfers may be conducted only if the recipient state's
expenditures on health and education combined exceed its military
expenditures, unless the recipient state can reasonably demonstrate
that such transfers are justified by exceptional needs to
counter acts of aggression.
SECTION III: IMPLEMENTATION
Article 11: Enacting the Code
All States shall introduce national legislation and regulations
which ensure effective implementation and enforcement of this
Code. Such laws and regulations shall:
- Incorporate this Code;
- Provide mechanisms for public scrutiny of all transfers
in advance of any decision to authorise a transfer;
- Require end-use certification which incorporates the principles
of the Code into legally binding conditions for the receipt
of arms. End-user certification must identify both the recipient,
and the actual use to which the equipment will be put;
- Establish effective channels for receiving information
on implementation of the Code from non-governmental organisations.
- Require States to make a criminal offence any transfers
made in violation of the Code, or any attempt to effect,
to conspire to effect, or to incite any such transfer.
Article 12: Monitoring the Code internationally
All States shall:
- Provide an annual report on the implementation of the
Code to the Secretary-General of the United Nations who
will report to the General Assembly;
- Consult each other and cooperate with each other bilaterally,
through the Secretary General of the UN, or through other
appropriate international procedures to resolve any problems
that may arise with regard to the interpretation and application
of the provisions of this Code; and shall consider measures
designed to encourage compliance, including collective measures
in conformity with international law.
Article 13: Verification
- Parties to the Code shall convene a review two years after
this Code comes into operation with the specific purpose
of developing an effective verification commission.
__________________
Endnotes
- Ethnic cleansing is here defined as mass killings and/or
forced displacement on the grounds of ethnicity.
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