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INTRODUCTION
The illicit trafficking of small arms and light weapons is a pressing
transnational challenge, posing severe threats to global security and stability.
This complex issue remains today undefeated, perpetuating armed conflicts and
violence, fueling organized crime, and undermining socio-economic
development. The ease of availability and transportation of these weapons
exacerbate the problem, requiring comprehensive analysis and effective
countermeasures.
Traditionally it is the State who has the responsibility to prosecute criminals
involved in this type of crime, but it is not always effective in doing so. Several
supra-State organizations and institutions, therefore, have developed
mechanisms to support this fight by establishing common standards, fostering
cooperation and information exchange, but without decisive effects in
completely eradicating trafficking.
This research aims to provide a comprehensive examination of the various
dimensions of small arms and light weapons trafficking, to contribute to the
understanding of the issue and to offer insights into potential strategies to address
this pressing concern.
The study primarily relies on scholarly articles, reports, national laws,
official documents, international and regional treaties and documents. These
sources provide a foundation for the analysis and enable a thorough investigation
of the subject matter. Additionally, empirical data, such as statistical information
will be incorporated to support the arguments and findings.
The research is organized in four chapters. The first chapter establishes the
foundation of the research by exploring the terminology surrounding the issue,
the sources of illicit weapons, the actors involved, the size of the illicit market,
the cross-border transportation techniques, and the humanitarian and socio-
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economic impact. The second chapter provides an overview of the various small
arms and light weapons instruments and mechanisms established at the
international and at the regional levels. Among the regional ones, special
emphasis is places on those concerning the European region. The third chapter
provides an in-depth analysis of the regulatory frameworks in Italy and France.
Finally, the fourth chapter identifies the weaknesses of the current regulatory
framework, investigates strategies to address them, outlines their practical
implications, and makes suggestions for the future.
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CHAPTER 1
UNRAVELING ILLICIT TRAFFICK IN SMALL ARMS AND LIGHT
WEAPONS: A TRANSNATIONAL CHALLENGE
This chapter embarks on a comprehensive exploration of the issue of small
arms and light weapons illicit trafficking. Through an in-depth examination of
the complexities surrounding the terminology and a thorough investigation of its
sources, actors, market size, transportation techniques, and the profound
humanitarian and socio-economic impacts associated with the proliferation of
these weapons, this chapter seeks to provide a comprehensive understanding of
this pressing global challenge.
Section 1.1: Terminology
1.1.1 Defining “small arms and light weapons”
There is no legal or universally accepted definition of small arms and light
weapons. The first and most authoritative definition was introduced in 1997 by
the United Nations Panel of Governmental Experts on Small Arms tasked by the
United Nations General Assembly with producing a report on the issue (United
Nations Office on Drugs and Crime, 2019). The Panel defined them in
Paragraphs 24, 25 and 26 of the report.
Paragraph 24 states:
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, for example, mortars below the caliber of 100 mm. (United
Nations Panel of Governmental Experts on Small Arms, 1997)
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Paragraph 25 introduces a differentiation in terms of portability, stating that:
Broadly speaking, small arms are those weapons designed for personal use, and
light weapons are those designed for use by several persons serving as a crew.
(United Nations Panel of Governmental Experts on Small Arms, 1997)
Paragraph 26 provides then a list of the “types of small arms and light
weapons actually being used in conflicts being dealt with by the United Nations”
(United Nations Panel of Governmental Experts on Small Arms, 1997, p. 11):
Small arms:
(i) Revolvers and self-loading pistols;
(ii) Rifles and carbines;
(iii) Sub-machine-guns;
(iv) Assault rifles;
(v) Light machine-guns;
Light weapons:
(i) Heavy machine-guns;
(ii) Hand-held under-barrel and mounted grenade launchers;
(iii) Portable anti-aircraft guns;
(iv) Portable anti-tank guns, recoilless rifles;
(v) Portable launchers of anti-tank missile and rocket systems;
(vi) Portable launchers of anti-aircraft missile systems;
(vii) Mortars of calibers of less than 100 mm. (United Nations Panel of
Governmental Experts on Small Arms, 1997)
The more recent International Instrument to Enable States to Identify and
Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons
(also referred to as the International Tracing System) proposes the same list and
classification in terms of portability of small arms and light weapons and defines
them in Paragraph 4 as:
Any man-portable lethal weapon that expels or launches, is designed to expel
or launch, or may be readily converted to expel or launch a shot, bullet or
projectile by the action of an explosive, excluding antique small arms and light
weapons or their replicas. (International Instrument to Enable States to Identify
and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light
Weapons, 2005)
A description of each small arm and light weapon listed in the 1997 Report
of the Panel of Governmental Experts on Small Arms and in the 2005
International Tracing Instrument is provided by the Small Arms & Light
Weapons Guide, elaborated in 2021 by the Bonn International Center for
Conversion (Bonn International Center for Conversion, 2021).
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Table 1: Description of small arms and light weapons (Bonn International Center for Conversion, 2021)
Revolvers Hand-held arms with a revolving cylinder typically of
five to nine chambers, manually loaded with cartridges.
Expended cartridge cases remain in the cylinder until
manually unloaded.
Self-loading pistols Hand-held arms which use part of the energy produced
by burning cartridge powder to expel the used cartridge
from the chamber, cock the hammer and load a new
cartridge in the chamber. Differently from revolvers, it
does not need to be done manually. Cartridges are
usually fed from a box magazine, located in the pistol's
handle.
Rifles Shoulder-fired long guns with a series of spiral grooves
cut inside the barrel imparting spin to the projectile.
Some have a detachable magazine for the cartridges and
others have integral magazines.
Carbines Similar to a rifle but with a shorter barrel.
Sub-machine guns Hand-held, short-barrelled machine guns that fire
pistol-caliber ammunitions.
Assault rifles Subcategory of rifles that uses an intermediate cartridge
and a detachable magazine.
Light machine guns Fully automatic mounted or portable arms, designed to
fire rifle bullets in quick succession from an
ammunition belt or large-capacity magazine, at a rate of
several hundred rounds per minute.
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Heavy machine
guns
Similar to light machine guns, but with a greater caliber
(between 12.7 millimetres and 20 millimetres). They
are typically mounted on vehicles or ground mounts.
Hand-held under-
barrel and mounted
grenade launchers
Arms that fire grenades (a small shell, filled with high
explosives or other agents, such as tear gas or
incendiary filling).
Portable anti-
aircraft guns
Used by the infantry to engage air targets. Their
effectiveness is generally limited since the speed and
altitude of modern jet aircraft limit target opportunities.
Moreover, critical systems of aircraft designed to attack
targets on the ground are often protected by armors.
Ammunition and shells fired by portable anti-aircraft
guns are usually fitted with different types of fuses
(barometric, time-delay, or proximity) to send
exploding metal fragments into the area of the airborne
target.
Portable anti-tank
guns
Guns designed to destroy armored vehicles. In order to
penetrate the armor, they fire shells of smaller caliber
than regular indirect-fire artillery guns, propelling them
at a higher velocity.
Recoilless rifles Arms that are capable of firing artillery-type shells at a
range and velocity comparable to that of a light cannon,
although they are typically used to fire larger shells at
lower velocities and ranges.
Portable launchers
of anti-tank missile
and rocket systems
Guided missiles designed to destroy armored tanks and
other armored fighting vehicles. They range in size
from shoulder-launched arms which can be transported
by a single soldier, to larger tripod-mounted arms which
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require a squad or a team to transport and fire, to missile
systems mounted on vehicles and aircraft.
Portable launchers
of anti-aircraft
missile systems
Guided arms designed to launch missiles surface-to-air.
They pose a threat to low-flying aircraft, especially
helicopters.
Mortars Muzzle-loading indirect firearms that fire shells at low
velocities, short ranges, and high-arching ballistic
trajectories, enabling to engage targets outside the line
of sight, such as behind hills. When their caliber is less
than 100 millimetres, they are considered as falling
under the category of light weapons.
The term small arms and light weapons is often used interchangeably and
synonymously with the term firearms, defined in Article 3 of the Protocol
Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and
Components and Ammunition (also referred to as the Firearms Protocol) as:
Any portable barrelled weapon that expels, is designed to expel or may be
readily converted to expel a shot, bullet or projectile by the action of an
explosive, excluding antique firearms or their replicas. (Protocol against the
Illicit Manufacturing of and Trafficking in Firearms, their Parts and
Components and Ammunitions, 2001)
The two terms emerged in the ‘90s in the context of two parallel United
Nations processes. The term small arms and light weapons emerged in relation
to the process to counter arms proliferation and to prevent conflict, culminated
in the United Nations Programme of Action to Prevent, Combat and Eradicate
the Illicit Trade in Small Arms and Light Weapons, adopted in 2001 and
complemented by the 2005 International Instrument to Enable States to Identify
and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light
Weapons. The term firearms emerged in relation to the process to counter
criminal use of arms and prevent crimes, culminated in the Firearms Protocol
adopted in 2001. The idea was to have two different terms to refer on the one