PUBLIC INTERNATIONAL LAW

INTERIM PROJECT ON:

Use of small Arms and Light weapons: A response from International
Law
SUBMITTED BY:-
B.C. NIKHITHA (312)
SAGAR SUBRAMANIAM (362)
Y. SONANJALI (381)
SEM: VI
B.B.A. LLB
CLASS: - D
SYMBIOSIS LAW SCHOOL, HYDERABAD
SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE
IN
JANUARY 2019
UNDER THE GUIDANCE OF
PROF. AMBRINA KHAN
 I. ABSTRACT

Small arms, often referred to colloquially as firearms or even guns, are man-portable lethal
weapons for individual use that can expel or launch a shot, bullet, or projectile by action of
explosive. They include both handguns (revolvers and self-loading pistols), and long guns,
namely rifles and carbines, sub-machine guns, assault rifles, and light machine guns, as well as
their parts, components, and ammunition. Antiques and replicas are generally excluded. The
1997 report of the Panel of Experts on Small Arms states that ‘small arms and light weapons
range from clubs, knives and machetes to those weapons just below those covered by the United
Nations Register of Conventional Arms. The International Tracing Instrument redefined the
definition and stated that “small arms” refers to in a broader aspect, weapons used for individual
use. The International body has played an important role in the restriction on the usage of small
arms by taking into consideration various aspects required for the implementation of laws. The
first global, legally binding instrument on small arms control was the UN Protocol against Illicit
Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition
(2001 Firearms Protocol) which dealt with the manufacturing, marking and tracing, record-
keeping, and international transfers of firearms. Later, the 2013 Arms Trade Treaty was
introduced which the first universally binding legal instrument regulating international transfers
of most conventional weapons, as well as some ammunition/ munitions, and parts and
components. The paper focuses on how different treaties and laws were implemented to curtail
the extensive usage of small weapons and at the same time manage the irregularities involved in
the manufacturing.

II. CHAPTERIZATION

This research work will run into five chapters.

Chapter I: Introduction

The first chapter on Introduction brings out the importance of the study, states its objectives and
hypothesis.

Chapter II: Impact of small arms and light weapons in conflict zones
In this chapter we will be discussing the impact of small arms and light weapons on security,
conflicts and development. Besides the harmful impact it will have on the young, old, women,
men and children.

Chapter III: International regulations on small arms and light weapons transfers

In this chapter we will analyze how the international community has dealt with the problem of
illicit transfers of small arms and light weapons, with emphasis on the ICJ view on creation of a
new rule of customary international law,

Chapter IV: Critical analysis of arms trade treaty from the human rights perspective.
This chapter will be emphasizing on the provisions of the Arm Trade Treaty with respect to its
serious violation of international human rights law.

Chapter V: Summary on program of action on small arms

This chapter shall throw light on the gap that remained in international law with respect to the
use and transfer of guns and ammunition remain, with profound negative implications for the
protection of human security despite these positive developments in law.

III. REFERENCE MATERIAL

Sr. no. Books

Universal Human Rights and Extraterritorial Obligation by

1
Mark Gibney, Sigrum Skogly

2 Norm Dynamics in Multilateral Arms Control: Intrests,

Conflicts and Justice by Harald Müller, Carmen Wunderlich

3 Controlling Small Arms: Consolidation, Innovation and

Relevance in Research and Policy by Peter Batchelor

4 The Age of Small Powers (pp. 93-114), Thérèse Delpech,

Nuclear Deterrence in the 21st Century: Lessons from the Cold
 War for a New Era of Strategic Piracy

Articles

4 Small arms and light weapons: a global threat to human security

and development, Suneel Kumar, the Indian journal of political
science, vol. 69, no. 4 (Oct. - Dec., 2008), pp. 787-800

5 Multilateral cooperation on small arms and light weapons: from

crisis to collective response, Jayantha Dhanapala, the brown
journal of world affairs, vol. 9, no. 1 (spring 2002), pp. 163-
171.

6 Some legal aspects of the use of nuclear weapons, Ian

Brownlie, The International and Comparative Law Quarterly,
Vol. 14, No. 2 (Apr., 1965), pp. 437-451

7 Control of small weapons, David Pryor, Joseph P. Smaldone,

Stephanie G. Neuman, Jo L. Husbands, Lois E. Peterson, Issues
in science and technology, Vol. 12, No. 2 (Winter 1995-96), pp.
5-9