Statement by Ms Netta Goussac, Office of International Law, Attorney-General’s Department to the United Nations Preparatory Committee for the United Nations Conference on the Arms Trade Treaty regarding principles, as delivered 14 July 2010.
(as delivered)
Mr Chair
As we said yesterday in our intervention on elements, Australia would also like to address the issue of principles.
Australia considers that the preamble to the Arms Trade Treaty should embody the principles on which the Treaty is based, and set the context for the obligations to be contained in the Treaty.
Australia considers that a preamble should acknowledge the following principles.
First, the preamble should acknowledge the legitimate interests of all States, consistent with the UN Charter and decisions of the Security Council, with respect to the manufacture, transfer, import and export, and retention of conventional arms for legitimate individual and collective self defence.
Second, we consider that the preamble should reference the right of States to non-interference in their internal affairs, as embodied by Article 2 of the UN Charter.
In addition, the preamble should also refer to the general prohibition against the use of force in Article 2 of the Charter, which is subject to a number of exceptions, including the right to self defence, Security Council authorisation and host State consent.
Importantly, the preamble should include mention of the context in which an Arms Trade Treaty is being negotiated and adopted.
Specifically, the interest that all States have in preventing the irresponsible or illicit transfer of conventional arms, and a recognition by all States of the direct impact of irresponsible or illicit transfer of conventional arms on international and regional peace and security, terrorism and crime, and sustainable development in vulnerable communities.
Further, Australia believes that the preamble to the Arms Trade Treaty should emphasise that the implementation and enforcement of the Arms Trade Treaty is the sole responsibility of States Parties, and that the Treaty obligations complement existing international and regional agreements and arrangements.
Finally, but importantly, the Treaty should complement the enforcement of UN sanctions.
Mr Chair, Australia considers that the preamble to the Arms Trade Treaty should be a strong foundation to the provisions that follow.
We intend to participate further, and in more detail, on the content of the Treaty in the coming days.
Thank you.