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
ATF Announces New Director, Historic Regulatory Overhaul

News  

Thursday, April 30, 2026

ATF Announces New Director, Historic Regulatory Overhaul

April 29 was a big day for Second Amendment supporters in Washington, D.C., as ATF announced the confirmation of a new director, Robert Cekada, and rolled out perhaps the biggest one-day regulatory overhaul in the agency’s ...

Self-Defense: Another “Luxury” the Poor Can Do Without

News  

Monday, May 4, 2026

Self-Defense: Another “Luxury” the Poor Can Do Without

Many years ago, Otis McDonald, a 76-year old retiree living in a high-crime area of Chicago testified that he had “been robbed numerous times in his Morgan Park home; [he’d] witnessed too many crimes to count and ...

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

Monday, May 4, 2026

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and Bear Arms in ...

Anti-gun Officials Target Glock, While Failing to Hold Criminals to Account

News  

Monday, May 4, 2026

Anti-gun Officials Target Glock, While Failing to Hold Criminals to Account

In 2024, the City of Chicago filed a lawsuit against gun manufacturer Glock – the maker of some of the world’s most popular pistols for civilian and law enforcement use (including at one point the Chicago ...

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

News  

Monday, May 4, 2026

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

Homicide rates in the United States, including those where firearms are used, have been declining over the last few years.  According to multiple reports on early projections, 2025 is expected to see the largest decline in ...

Minnesota: Gun Control Wish List Passes Senate

Monday, May 4, 2026

Minnesota: Gun Control Wish List Passes Senate

Today, May 4th, the Senate passed SF 4067, the "gun violence prevention package," by a party-line vote of 34-33.

Minnesota: Gun Control Wish List Policies Moved to New Bill

Friday, May 1, 2026

Minnesota: Gun Control Wish List Policies Moved to New Bill

It would seem that gun control radicals in the Minnesota legislature cannot decide on what bill to put their gun control package in, and have again moved them to another bill. 

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Demonization of Semi-Automatic Long Guns Remains Symbolic, Not Data-Driven

News  

Monday, May 4, 2026

Demonization of Semi-Automatic Long Guns Remains Symbolic, Not Data-Driven

Semi-automatic long guns, such as the AR-15, have been a hot topic of political rhetoric for decades now. And for those same decades, those same firearms have remained statistically under-represented in violent crime, while remaining wildly mischaracterized ...

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.