Le traité sur le commerce des armes classiques : entre accord de maîtrise des armements et instrument à dimension humanitaire

Abstract

The idea behind the Arms Trade Treaty which entered into force on 24 December 2014 was to establish global standards for conventional arms transfers in order to prevent diversion and arms trafficking by non-state actors (transnational criminality and terrorism) with greater respect for international law obligations, in particular international humanitarian law. The Treaty is the result of a compromise based on respect for state sovereignty in pursuit of its legitimate right to self-defence under the UN Charter on the one hand and on the other hand, urgent need to implement international law standards in arms transfers. Despite some shortcomings – focusing on trade and ignoring arms production that feeds it and with a verification system based only on state good faith – the ATT is a major step forward regulating the international trade in conventional arms. However, the ATT impact and effectiveness will only be realized when major arms producing and importing states, join and implement the Treaty.