Preamble
The States Parties to this Treaty,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling Article 26 of the Charter of the United Nations which seeks to promote the establishment and maintenance of international peace and
security with the least diversion for armaments of the world’s human and economic
resources,
Underlining the need to prevent and eradicate the illicit trade in conventional arms
and to prevent their diversion to the illicit market, or for unauthorized end use
and end users, including in the commission of terrorist acts,
Recognizing the legitimate political, security, economic and commercial interests
of States in the international trade in conventional arms,
Reaffirming the sovereign right of any State to regulate and control conventional
arms exclusively within its territory, pursuant to its own legal or constitutional
system,
Acknowledging that peace and security, development and human rights are pillars of
the United Nations system and foundations for collective security and recognizing
that development, peace and security and human rights are interlinked and mutually
reinforcing,
Recalling the United Nations Disarmament Commission Guidelines for international arms
transfers in the context of General Assembly resolution 46/36H of 6 December 1991,
Noting the contribution made by the United Nations Programme of Action to Prevent,
Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects, as well as the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts
and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, and the International Instrument to Enable States to Identify and Trace, in a Timely
and Reliable Manner, Illicit Small Arms and Light Weapons,
Recognizing the security, social, economic and humanitarian consequences of the illicit
and unregulated trade in conventional arms,
Bearing in mind that civilians, particularly women and children, account for the vast
majority of those adversely affected by armed conflict and armed violence,
Recognizing also the challenges faced by victims of armed conflict and their need
for adequate care, rehabilitation and social and economic inclusion,
Emphasizing that nothing in this Treaty prevents States from maintaining and adopting
additional effective measures to further the object and purpose of this Treaty,
Mindful of the legitimate trade and lawful ownership, and use of certain conventional
arms for recreational, cultural, historical, and sporting activities, where such trade,
ownership and use are permitted or protected by law,
Mindful also of the role regional organizations can play in assisting States Parties,
upon request, in implementing this Treaty,
Recognizing the voluntary and active role that civil society, including non-governmental
organizations, and industry can play in raising awareness of the object and purpose
of this Treaty, and in supporting its implementation,
Acknowledging that regulation of the international trade in conventional arms and
preventing their diversion should not hamper international cooperation and legitimate
trade in materiel, equipment and technology for peaceful purposes,
Emphasizing the desirability of achieving universal adherence to this Treaty,
Determined to act in accordance with the following principles;
Principles
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– The inherent right of all States to individual or collective self-defence as recognized
in Article 51 of the Charter of the United Nations;
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– The settlement of international disputes by peaceful means in such a manner that international
peace and security, and justice, are not endangered in accordance with Article 2 (3) of the Charter of the United Nations;
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– Refraining in their international relations from the threat or use of force against
the territorial integrity or political independence of any State, or in any other
manner inconsistent with the purposes of the United Nations in accordance with Article 2 (4) of the Charter of the United Nations;
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– Non-intervention in matters which are essentially within the domestic jurisdiction
of any State in accordance with Article 2 (7) of the Charter of the United Nations;
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– Respecting and ensuring respect for international humanitarian law in accordance with,
inter alia, the Geneva Conventions of 1949, and respecting and ensuring respect for
human rights in accordance with, inter alia, the Charter of the United Nations and the Universal Declaration of Human Rights;
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– The responsibility of all States, in accordance with their respective international
obligations, to effectively regulate the international trade in conventional arms,
and to prevent their diversion, as well as the primary responsibility of all States
in establishing and implementing their respective national control systems;
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– The respect for the legitimate interests of States to acquire conventional arms to
exercise their right to self-defence and for peacekeeping operations; and to produce,
export, import and transfer conventional arms;
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– Implementing this Treaty in a consistent, objective and non-discriminatory manner,