INTRODUCTION

Article 16 covers a key provision of the Arms Trade Treaty (ATT), that of international assistance. The term ‘international assistance’ is often used to refer to capacity-building assistance directly related to the implementation of a State’s commitments, such as from an international treaty or a United Nations (UN) Security Council resolution. The need for the inclusion of international assistance in the ATT was clear from the outset, although the precise wording, the placement of certain provisions, and whether there would be a dedicated article were the subject of discussion and negotiation. Given that many States to some degree lack the administrative capacity, expertise, staff, financial resources and/or legislation to fully implement all of the ATT obligations, and given the importance of effective implementation for the realization of the aims of the Treaty, international assistance is of crucial importance.

Article 16(1) provides that in implementing the ATT, each State Party ‘may seek assistance’, which is defined to include ‘legal or legislative assistance, institutional capacity-building, and technical, material or financial assistance‘. The Article also provides that such assistance may include a wide range of areas that are either directly or indirectly linked to the cross-border movement of arms: ‘stockpile management, disarmament, demobilization and reintegration programmes, model legislation, and effective practices for implementation’ .