The Arms Trade Treaty (ATT) aims to “[e]stablish the highest possible common international standards for regulating, or improving the regulation of, the international trade in conventional arms” and “[p]revent and eradicate the illicit trade in conventional arms and prevent their diversion’. Central to these objectives is the Treaty's overarching purpose of “preventing human suffering”.
The primary mechanism through which the ATT seeks to achieve this purpose is the application of Articles 6 and 7, which respectively set out the Treaty's mandatory prohibitions on transfers in specified circumstances, and require States Parties to undertake a comprehensive risk assessment before authorizing an export. Together, these provisions form the core of the ATT's preventive framework, ensuring that arms transfers are not authorized where they would violate international legal obligations or where there is an overriding risk that they would contribute to serious violations of international humanitarian law or international human rights law.
Since the ATT entered into force, the interpretation and application of Articles 6 and 7 have been examined and shaped through a growing body of jurisprudence from national and international courts and tribunals, findings and reports of Human Rights Council mechanisms, academic scholarship, government practice, and monitoring and advocacy by civil society organizations. Further insight into the differences in how States Parties interpret and implement their obligations will also be provided in the upcoming publication of the second edition of the authoritative Commentary to the ATT.
This event brings together leading experts to examine the evolving interpretation and practical application of Articles 6 and 7. It will explore what has worked as States Parties and stakeholders operationalise these provisions, identify persistent legal and operational challenges faced by governments in applying these provisions, and consider areas where practice remains inconsistent or contested. The event will also explore how accountability for serious violations involving the international transfer and use of conventional arms has been pursued beyond the purview of the ATT, including through international criminal law and proceedings before the International Criminal Court, and what lessons these developments may offer for the Treaty's implementation. Looking ahead, the discussion will also examine emerging legal, policy, and geopolitical developments that may influence the future interpretation and implementation of Articles 6 and 7, and assess the implications of these developments for ATT States Parties and the Treaty's objective of preventing human suffering.