Interpreting the Arms Trade Treaty: International Human Rights Law and Gender-Based Violence in Article 7 Risk Assessments
The Arms Trade Treaty (ATT) aims to reduce human suffering; prevent the illicit trade in arms; contribute to international and regional peace, security, and stability; and promote transparency and cooperation among States Parties. It requires States Parties to conduct good-faith assessments of the likely end use of arms transfers and the effects of those transfers in destination countries and obligates States Parties to refuse authorization for certain arms transfers. This paper provides interpretive guidance on key terms that appear in Article 7, namely: “serious violation of international human rights law”; “serious acts of gender-based violence”; “commit or facilitate”; “peace and security”; “contribute to or undermine”; and “overriding risk.” It examines how gender and risks of GBV are relevant to each part of the Article 7 risk assessment, particularly with respect to serious violations of international human rights law.