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Summer 2017
DEFENDERS
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smuggling of light weapons into conflict zones have been among the most
important reasons behind violation of human rights in those areas. These
researchers have conducted a comparative study of light weapons transfers
and the most important regions in which human rights are violated and have
reached the conclusion that the support of big powers for insurgent groups and
injecting light weapons into domestic conflicts are among the most important
reasons behind human rights violations. From their viewpoint, inadequacy of
legal and international measures taken so far is the most important reason why
these human rights violations continue mostly as a result of political interests
of involved parties.
Out of all analyses offered so far, the report prepared by Barbara Frey for the
United Nations in 2004 on the issue of light weapons and violation of human
rights is perhaps more precise than other written materials in explaining the
effects of light weapons transfers on human rights violations. In more accurate
words, her research not only discusses human rights aspects of this issue, but
also compares the reality on the ground with principles of human rights and
international humanitarian law. In conclusion, the report has mentioned the
following instances as legal bases for restricting light weapons transfers:
1. The “right to life” as per the Universal Declaration of Human Rights,
International Covenant on Civil and Political Rights, and international
humanitarian law;
2. Limitations imposed on intentional killing of people by the Geneva
Conventions;
3. Customary international law and the state responsibility for
preventing massacre of people who are not involved in an armed
conflict ; and
4. Responsibility of governments that are members of international
human rights treaties for preventing violation of human rights
anywhere in the world.
In addition to the aforementioned instances, there is a body of research, which
has touched upon the role of transfer or smuggling of light weapons in human
rights violations across the globe. Studies carried out by such researchers as
Chetty , as well as Hennop, Jefferson, and Mclean , and Minnaar clearly lay
out the relationship between transfer of light weapons and increasing violation
of human rights in Africa.
Conventional arms
When it comes to transfer of conventional arms, the international law not only
contains references to arms control laws, but there are also thought-provoking
views on conventional arms transfers from the standpoint of human rights and
international humanitarian law. The common denominator among all these
views is the necessity to impose restrictions on transfer of conventional arms on