Explore The NRA Universe Of Websites

APPEARS IN News

Arms Trade Treaty Sets Sights on Industry

Wednesday, September 6, 2023

Arms Trade Treaty Sets Sights on Industry

After almost ten years of utter failure, the Arms Trade Treaty (ATT) has shifted its focus.  Once touted as the United Nation’s (UN) crown jewel in preventing and eradicating the illicit trade and diversion of conventional arms, last week’s Ninth Conference of States Parties (CSP9) served as an almost singularly focused attack on the global firearms industry.

It was remarkable shift.  The ATT’s annual conferences have historically focused solely on procedural issues.  This year, however, under the guise of protecting human rights, States Parties to the treaty utilized the week’s discussions on ways to incorporate the articles of the UN Guiding Principles on Business and Human Rights (UNGP) into the treaty.   

Under the 31 principles contained in the UNGP, which were unanimously adopted by the United Nations Human Rights Council in 2011, businesses have a responsibility to respect human rights and, if violated, victims are to be afforded a remedy.  In the context of the ATT, the argument is that violations of human rights through the use of firearms are so foreseeable that any time one occurs those involved in the international trade of that firearm, from the manufacturer all the way down to the shipping companies, brokers, and payment processors, bears liability.

The premise for this liability is a term coined in the UNGP - Human Rights Due Diligence (HRDD).  Under the UNGP, HRDD is merely a recommendation, whereas once incorporated into the ATT it can become a legally binding requirement.  Furthermore, while the 113 States Parties to the ATT only account for 38% of global arms exports and 35% of global imports, the mere existence of the treaty raises the argument for the anti-firearm community that its legally binding terms extend beyond its States Parties to the global community as whole as an international norm.  For U.S. industry what this means is that any incorporation of HRDD into the ATT would not only create the possibility of liability through international channels, but also stifle the involvement of lawsuit-weary shipping companies and payment processors involved in the arms transfer process.   

Notably, as arguments of support for incorporation of the HRDD into the ATT were made at CSP9, the criminal misuse of firearms was never acknowledged.  Instead, justification for liability would rest solely on a violation of International Human Rights, International Humanitarian Law, or any contribution towards human suffering or gender-based violence committed with a firearm.

Also notable was the recognition and dismissal of the idea that the ATT neither has the authority to create such a standard nor that State Parties themselves are required to conduct their own due diligence analysis before authorizing a transfer of conventional arms under the existing terms of the treaty.  Instead, the argument was made that government authorization was not enough to shield the industry from liability.

It is no surprise that this effort was led by Mexico, who, being unable to control crime within its border, has placed the blame for any crime committed with a firearm almost singlehandedly on the United States.  Accordingly, for them, creating this liability at the international level is just another step in bolstering their attempts to argue in our courts that the U.S. firearms industry is both responsible and liable of all their problems. 

A casual follower of the ATT will likely note that HRDD is not contained in the final report of CSP9 and wonder why, despite this oversight, this was not a win.  We can assure you it was not.  One must remember that when it comes to all things UN, this is a game of chess, not checkers.  Creating a new liability standard requires a foundation, and CSP9 was simply the groundwork for it.  The idea was raised and the necessary support was generated.  Accordingly, all that was needed in the final report was a reference to build from, and one need not look past paragraph 22 to find it.

Not only does that paragraph “welcome” the UNGP and encourage State Parties to further work on applying them in the context of the ATT, but it also notes that the body “took note with appreciation” of the HRDD ridden working paper entitled “Responsible Business Conduct and the Arms Trade Treaty” submitted by Mexico, Austria and Ireland.

This was the goal, and it was accomplished.  The ATT now has the foundation to build from, and the attack against industry has begun.

 

TRENDING NOW
Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

Monday, April 13, 2026

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

On Saturday, April 11th, the Kansas Legislature adjourned sine die from the 2026 legislative session. 

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.