UN Arms Trade Treaty’s Deadly Loophole
By Nile Bowie | Press TV | April 7, 2013
Foundation fellows and diplomats have lauded the overwhelming approval of the Arms Trade Treaty (ATT) by the General Assembly of the United Nations, with UN Secretary-General Ban Ki-moon describing it as a means to obstruct the illicit arms flow to warlords, pirates, terrorists, criminals and the like. Many who have critically monitored the situation in Syria and the ramifications of foreign intervention in Libya may have difficulty swallowing Ban’s words, as some would argue that the UN has itself been complicit in these crises for turning a blind eye to arms and funding going to al-Qaeda-linked rebels in various countries. Twenty-three countries abstained from the vote (representing half the world’s population), including Russia, China, India, Cuba, Bolivia, Nicaragua and Egypt, while three – Syria, Iran, and North Korea – voted no. Iran’s Deputy Permanent Representative to the UN Gholam-Hossein Dehqani called the treaty a political document disguised as an Arms Trade Treaty, and with highly legitimate reasons for doing so.
“The right to acquire and import arms for their (importer states’) security needs is subject to the discretionary judgment and extremely subjective assessment of the exporting states. That is why this text is highly abusable and susceptible to politicization, manipulation and discrimination,” said Dehghani, referring to conditions that arms exporting states would be able to impose on importing states. The pact prohibits the export of conventional arms to countries deemed guilty of violating international human rights laws and committing crimes against humanity – sure, this appears to be ethical and just at first glance, but more careful reflection is required. If we assume that the United Nations makes the call on which states qualify as human rights abusers and which states do not, then Israel would not be hindered from purchasing conventional weapons, but a country like Syria would be barred from purchasing arms to defend itself and its territorial sovereignty.
What makes the treaty not only toothless, but also particularly dangerous, is the fact that it lacks any explicit prohibitions regarding arms proliferation to terrorists and unlawful non-state actors. “Without such provisions, the ATT would in fact lower the bar on obligations of all states not to support terrorists and/or terrorists acts. We cannot allow such a loophole in the ATT,” said Sujata Mehta, India’s lead negotiator for the ATT in a statement. What this means is that NATO and Gulf states that supply arms to opposition groups in Syria will retain the flexibility to continue to do so, while at the same time having a greater say over whether individual importing states can arm themselves in accordance with their legitimate defense and national security interests. There is no doubt that certain states would take advantage of this loophole’s vast potential for misuse.
The treaty does not recognize the rights of all states to acquire, produce, export, import and possess conventional weapons for their own legitimate security purposes. In theory, this treaty gives the United States, the world’s largest arms exporter with heavy sway over the UN, much greater ability to influence whether or not an individual country is allowed to obtain weapons for its own defense. The treaty, in its glaring bias and predictability, completely fails to prohibit the transfer of arms to countries engaged in military aggression against other nations, such as Israel. “Somebody probably wants to have free rein to send arms to anti-government groups in countries ruled by regimes they consider inconvenient… When we started work on the document, the General Assembly set the task of establishing the highest possible international standards in the area of arms transfers. In reality though, the treaty has established minimally acceptable standards,” said Russian treaty negotiator Mikhail Ulyanov in a recent interview.
The treaty applies to the transfer of conventional weapons such as battle tanks, armored combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles and missile launchers, small and light weapons, while the proliferation of UAV drones and other modern military technology is not addressed or scrutinized. While feel-good rhetoric prevails and politicians pat themselves on the back, the United Nations by its own admission concedes that the treaty does not ban or prohibit the export of any type of weapon. It is clear that the countries that rely most on the illicit trafficking of arms to execute their foreign policy objectives have had noticeable influence over the contents of this treaty. The treaty depends on how stringently individual countries implement it, and international arms transfers that involve barter deals or leases are also not scrutinized.
While many call it a welcomed development and the first step in regulating the $70 billion global conventional arms trade, there is little evidence that it will accomplish anything more than increase the frequency of illicit transfers under different guises and further legitimize the ‘Good Terrorist-Bad Terrorist’ dichotomy – it also contains no language concerning the right to self-determination by people who are under occupation, as is the case in Palestine. The treaty contains some reasonable common-sense measures, such as introducing national systems that monitor arms circulation in countries that lack such systems, but the absence of progressive processes lends credence to accusations that the text is highly industry-friendly and serves to reinforce the status quo.
Most importantly, the treaty pays no focus to actually reducing the sale of arms by limiting global production, which should rightfully be the objective of a treaty that uses global mass causality figures to legitimize itself. According to the UN Office for Disarmament Affairs, armed violence kills more than half a million people each year, a figure that should rightfully strengthen calls to regulate and decrease global production rather than solely focusing simply on trade. Rather, the treaty institutionalizes and legalizes the arming of good terrorists while denying arms to unfriendly governments. Until the UN can cease being an appendage of a handful of the most powerful arms exporting states, there is little hope that any international arms trade treaty can reduce human suffering and have a meaningful impact on the lives of the most vulnerable in conflict zones around the world and elsewhere.
Nile Bowie can be reached at nilebowie@gmail.com
Related article
UK Media Morality
By John Andrews | Dissident Voice | March 18th, 2013
The editorial page of last Saturday’s Times led with the following headline: “Arm the Rebels”.
Editorials seldom have the name of the writer attached to them, which is possibly very useful in the case of this particular article. The piece refers to the suggestion that the British government is poised to begin (officially) supplying military hardware to the militants who are at war with the Syrian government. The article insists that the government get on with doing so… and that, my friends, is incitement to break international law. Chapter one of the UN Charter (an international law), article two, paragraph 4 reads:
“All Members shall refrain 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.”
No resolution demanding the overthrow of President Assad has been passed by the general assembly of the United Nations – nor even its cynical “security” council. The UK is a founder member of the United Nations and it really ought not to be breaking its own laws: what sort of example is that to be setting to the plebs? Of course lawyers would argue that the law does not specifically forbid the provision of military hardware to militant anti-government extremists. However, such an action could be said to be an “other manner inconsistent with the Purposes of the United Nations” – one of which is clearly stated in article one paragraph one as “to maintain peace and security”.
The Times editorial opens its argument with a subheading that reads:
“It is no longer strategically or morally tenable to stand by while Iran and Russia ship weapons to the Assad regime for use against Syrian rebels and civilians.”
As with so many articles in the Times, the content fails to deliver what is promised in the heading. We see not one word of evidence to justify the use of the word “strategically”. Why is the situation in Syria of any “strategic” importance to the interests of sixty million people in a country 3,000 miles away, with no significant economic or diplomatic links? The Times gives no answer.
As for morality, well… what can you say? Here we are being lectured on morality by someone who is openly calling for our government to break international law; and a quick glance at Britain’s “allies” in its disgraceful adventure in Syria is instructive. The anti-Assad militants are said to be resourced extensively from icons of freedom and democracy such as Bahrain and Saudi Arabia which, by the way, just happened to be carrying out some routine executions of some men convicted of theft (some of whom were just juveniles when the crimes were committed) during a chummy visit by Prince Charles. But the morality of making allies of dictatorial tyrants who routinely murder their own country’s children doesn’t seem overly to trouble the Times. Who said satire was dead?
As for the argument about standing by “while Iran and Russia ship weapons to the Assad regime” … there’s one small flaw in that point. The Assad “regime” happens to be the legitimate government of Syria. It’s perfectly within its rights to buy whatever it likes from whomever it likes – cynical trade sanctions notwithstanding, obviously.
You have to wonder what the Times leader-writer would say if there were armed extremists from foreign lands running wild around Britain, murdering, raping and looting; and some foreign country with a sizable interest in selling military hardware and a known fondness for looting distant lands demanded the right to supply those extremists with their wares on the grounds that the British government, whilst trying to do its job to protect its people, was using some military equipment known to be supplied from the United States. Would The Times also support the right of that country to supply those extremists, I wonder, for the sake of morality.
The Times is no stranger to the courtroom. Its legal experts will know, just as our trusted political leaders who’re supporting the outrageous events in Syria know, that having a law is one thing, enforcing it is something quite different. You can quite literally get away with murder if no one is able to stop you or call you to account; and you can break international laws with just as much impunity, if the world’s only superpower says it’s O.K. But that doesn’t make the thing right, does it. Still, what could I possibly know about morality; I’m sure The Times knows much more about the subject than I do.
~
John Andrews is a writer whose latest book is The People’s Constitution. He can be contacted through his website.
US drones violate Pakistan sovereignty: UN
Press TV | March 15, 2013
A UN team investigating civilian casualties from US assassination drone attacks in Pakistan has stated that the terror airstrikes violate sovereignty of Pakistan.
Ben Emmerson, head of the UN team, said in a statement on Friday that Pakistani government told him at least 400 civilians have been killed in US drone strikes.
The team paid a three-day research trip to Pakistan that ended on Wednesday. The trip was kept secret until the team left the country.
“The position of the government of Pakistan is quite clear. It does not consent to the use of drones by the United States on its territory and it considers this to be a violation of Pakistan’s sovereignty and territorial integrity,” Emmerson said.
The attacks “involve the use of force on the territory of another state without its consent and is therefore a violation of Pakistan’s sovereignty,” he added.
The UN launched an investigation into civilian casualties from drone attacks and other targeted killings in Pakistan in January 2013 and will publish the final report in October.
Pakistani officials have condemned the attacks as violation of the country’s sovereignty.
The London-based Bureau of Investigative Journalism said in a report in February that the United States has carried out more than 360 drone attacks in Pakistan since 2004, killing nearly 3,500 people.
Over the past few months, demonstrations have been held across Pakistan to condemn the United States for violating Pakistan’s sovereignty.
On February 13, hundreds of Pakistani tribesmen held an anti-US demonstration in Islamabad to protest against the killing of innocent civilians by the US drones.
Israel’s ill treatment of Palestinian minor prisoners systematic: UN
Press TV – March 6, 2013
The United Nations says the ill treatment of Palestinian minor inmates within the Israeli military detention system is “widespread, systematic and institutionalized.”
The UN children’s fund, UNICEF, said in a 22-page report on Wednesday that it has examined the Tel Aviv regime’s military court system for holding Palestinian children and found evidence of “cruel, inhuman and degrading treatment or punishment.”
Some 7,000 Palestinian children, aged between 12 and 17, have been arrested, interrogated and prosecuted by Israeli forces, the report said, adding that the majority of them were boys.
“In no other country are children systematically tried by juvenile military courts that, by definition, fall short of providing the necessary guarantees to ensure respect for their rights,” the report stated.
UNICEF analyzed the procedure employed by Israeli forces from arrest to trial of the children. It said many children were “aggressively awakened in the middle of the night by many armed soldiers and being forcibly brought to an interrogation centre tied and blindfolded, sleep deprived and in a state of extreme fear.”
Many of them faced mistreatment during the transfer process and forced to lie down on the floor of a vehicle for one day in some cases. They were also subjected to verbal or physical abuse, the report also noted.
“The interrogation mixes intimidation, threats and physical violence, with the clear purpose of forcing the child to confess,” the international body said, adding they were not accompanied by a lawyer or a family member during the interrogation.
“Children have been threatened with death, physical violence, solitary confinement and sexual assault, against themselves or a family member,” it said, adding that they were restrained during the questioning even for extended periods of time.
The maximum penalty for minor inmates, aged 12 to 13, is six months. However, it could be extended to 20 years for those who are over 14. The vast majority of Palestinian children have been arrested for throwing stones.
“The principal evidence against the child is the child’s own confession, in most cases extracted under duress during the interrogation,” the UNICEF report further said, saying they have to sign confession forms in Hebrew which they barely understand.
“Ultimately, almost all children plead guilty in order to reduce the length of their pretrial detention. Pleading guilty is the quickest way to be released. In short, the system does not allow children to defend themselves,” the report concluded.
The Reporters Who Got Iraq So Wrong
By Peter Hart | FAIR | February 6, 2013
Ten years ago today, Colin Powell made the Bush administration’s case for going to war against Iraq. Much of what he said about Iraq’s threats to the United States was false. But the media coverage gave the opposite impression, and most of the pundits and journalists who promoted the justifications for the war paid no price for their failures.
As FAIR reported at the time, even before the Powell address there were reasons to be skeptical of the administration’s claims. On February 4, 2003, FAIR published “Iraq’s Hidden Weapons: From Allegation to Fact,” which made the point that “it has not been demonstrated that Iraq continues to hold unconventional weapons.” FAIR criticized coverage like that of the New York Times (2/2/03), which asserted that “nobody seriously expected Mr. Hussein to lead inspectors to his stash of illegal poisons or rockets, or to let his scientists tell all.”
As the FAIR release concluded:
The media convey to the public the impression that the alleged banned weapons on which the Bush administration rests its case for war are known to exist, and that the question is simply whether inspectors are skillful enough to find them.
Powell’s address was instrumental in pushing a faulty media line on Iraq’s WMDs further. That much was clear in the coverage right after his appearance at the United Nations, as FAIR documented on February 10 in “A Failure of Skepticism in Powell Coverage.”
In Andrea Mitchell‘s report on NBC Nightly News (2/5/03), Powell’s allegations became actual capabilities of the Iraqi military: “Powell played a tape of a Mirage jet retrofitted to spray simulated anthrax, and a model of Iraq’s unmanned drones, capable of spraying chemical or germ weapons within a radius of at least 550 miles.”
Dan Rather, introducing an interview with Powell (60 Minutes II, 2/5/03), shifted from reporting allegations to describing allegations as facts: “Holding a vial of anthrax-like powder, Powell said Saddam might have tens of thousands of liters of anthrax. He showed how Iraqi jets could spray that anthrax and how mobile laboratories are being used to concoct new weapons.” The anthrax supply is appropriately attributed as a claim by Powell, but the mobile laboratories were something that Powell “showed” to be actually operating.
Commentator William Schneider on CNN Live Today (2/6/03) dismissed the possibility that Powell could be doubted: “No one disputes the findings Powell presented at the U.N. that Iraq is essentially guilty of failing to disarm.” When CNN‘s Paula Zahn (2/5/03) interviewed Jamie Rubin, former State Department spokesperson, she prefaced a discussion of Iraq’s response to Powell’s speech thusly: “You’ve got to understand that most Americans watching this were either probably laughing out loud or got sick to their stomach. Which was it for you?”
If you turn to FAIR’s “Iraq and the Media: A Critical Timeline” (3/19/07), you see that February 6 Washington Post op-ed page had Mary McGrory writing: “I don’t know how the United Nations felt about Colin Powell’s ‘J’accuse’ speech against Saddam Hussein. I can only say that he persuaded me, and I was as tough as France to convince.” She added that she “heard enough to know that Saddam Hussein, with his stockpiles of nerve gas and death-dealing chemicals, is more of a menace than I had thought.”
And Richard Cohen (2/6/03) announced that the debate was over:
The evidence he presented to the United Nations–some of it circumstantial, some of it absolutely bone-chilling in its detail–had to prove to anyone that Iraq not only hasn’t accounted for its weapons of mass destruction but without a doubt still retains them. Only a fool–or possibly a Frenchman–could conclude otherwise.
Obviously, the fools and Frenchmen were correct. And as FAIR documented, independent-minded journalists were reporting that some of the administration’s claims did not stand up to scrutiny. The Associated Press had a detailed look at the state of Iraq intelligence on January 18. The skepticism and good judgment of those reporters (and others) should have been the rule, not the exception, if journalists had been doing their jobs.
But most journalists did a different job. And most of them faced no consequences whatsoever for being so disastrously wrong.
Israel boycotts UN forum, first state in history to ignore human rights review
RT | January, 2013
Israel has boycotted the UN human rights forum over fears of scrutiny of its treatment of residents of the occupied territories. Israel is now the first state in history to win a deferment of the periodical review of its human rights record.
Tel Aviv has refused to send a delegation on Tuesday to the United Nations Human Rights Council in Geneva for the Universal Periodic Review procedure where UN member states have their human rights record evaluated every four years.
Israel’s cooperation with the council stopped last March after the UN set up a committee to inspect the effects of the Israeli settlements on Palestinians.
Israel which earlier accused the United Nations of anti-Israel bias reiterated its stance, recalling that the council has passed more resolutions against Israel than all other countries combined.
“After a series of votes and statements and incidents we have decided to suspend our working relations with that body,” Yigal Palmor, Israeli foreign ministry spokesman, told the Financial Times. “I can confirm that there is no change in that policy.”
“There have been more resolutions condemning Israel than the rest of the world put together,” an Israeli government official said on Tuesday. “It’s not a fair game – it’s not even a game.”
Following the Israeli decision, the council has decided to postpone its review until no later than November.
The Council president has also called on the body to adopt a draft response to an unprecedented move by Israel.
Egypt’s representative meanwhile has warned that a “soft” approach would create a dangerous precedent and leave “a wide-open door for more cases of non-cooperation,” the AFP quoted.
Activist groups have lashed out against Israel’s disregard for international law.
“By not participating in its own review, Israel is setting a dangerous precedent,” Eilis Ni Chaithnia, an advocacy officer with al-Haq, a human rights organisation based in Ramallah has told the FT. “This is the first time any country has made a determined effort not to attend.”
Others thought that the council’s decision to delay gives Tel Aviv the opportunity to make amends. Eight Israeli human rights organizations issued a statement saying, “Israel now has a golden opportunity to reverse its decision not to participate,” adding “it is legitimate for Israel to express criticism of the work of the Council and its recommendations, but Israel should do so through engagement with the Universal Periodic Review, as it has done in previous sessions,” JTA quotes.
The investigation into Israel’s Human Rights record began in 2007, but last year the UN started to pay particular attention to Israel’s activities in the West Bank.
The probe at the time prompted an angry response from the country’s leader.
“This is a hypocritical council with an automatic majority against Israel,” Prime Minister Benjamin Netanyahu said.
Senior Israeli officials announced last month that Israel does not intend to cancel plans to accelerate settlement construction.
Netanyahu himself said in an interview with Israeli Channel 2 last month that the … area “is not occupied territory” and that he “does not care” what the UN thinks about it.
Around 500,000 Israelis and 2.4 million Palestinians live in the West Bank and in East Jerusalem, areas that, along with Gaza, the Palestinians want for a future state.
The United Nations regards all Israeli settlements in the West Bank as illegal. Tel Aviv last attended the human rights review in 2008. Israel is not a member of the Council, which is comprised of 47 UN member states.
Related article
- Israel plans boycott of UN human rights review (alethonews.wordpress.com)
Israel plans boycott of UN human rights review
Al-Akhbar | January 29, 2013
Israel planned on boycotting a routine review of its human rights situation by the United Nations Tuesday, despite threats of “unspecified action” by the UN Human Rights Council if it did not cooperate.
According to Israeli media, Israel would be the only UN member state to ever boycott the yearly UNHRC Universal Periodic Review since the process’ inception in 2006.
Israel unilaterally severed ties with UNHRC in March 2012 over a planned fact-finding mission over illegal West Bank settlements.
According to news website The Times of Israel, Israel has participated in the first round of reviews in October 2011, before asking the council to postpone Israel’s review with no justification.
Israel later accused the Human Rights Council of “anti-Israel moves.”
“We are under an ongoing policy of suspension of all our contacts with the Human Rights Council in Geneva and all its branches after their sequence of systematically anti-Israel moves, which have come to contradict the mission statement of the organizations and sheer common sense” Foreign Ministry spokesman Yigal Palmor told The Times of Israel Sunday.
Israel’s review is still scheduled to take place Tuesday afternoon, and it remains unclear as to whether a representative of the Jewish state will actually attend the meeting.
If Israel follows through with its boycott, it could set a negative precedent for other countries unwilling to respond to accusations of human rights violations.
The website for the UPR specifies that in case of “persistent non-cooperation,” “the Human Rights Council will decide on the measures it would need to take” against the offending state.
UNHRC spokesman Rolando Gomez warned that “if a delegation from the country was not to attend then action, as yet unspecified, would be taken.”
The UNHRC review of Israel is overseen by the Maldives, Sierra Leone and Venezuela.
Israel has fought back and criticized many investigations into its treatment of Palestinians, including on illegal settlements and the use of drones.
Its relationship with the Human Rights Council has been tense for years, most notably since 2007, when the council made Israel’s actions in Occupied Palestine a permanent item on the agenda.


