“Merchants of Death” Fly Under the Radar of U.N. Arms Trade Treaty

  • by George Gao (united nations)
  • Thursday, March 28, 2013
  • Inter Press Service

While Bout sits in a jail in the southern U.S. state of Illinois, U.N. member states are concluding an Arms Trade Treaty (ATT) – an international agreement that hopes to control a trillion-dollar industry and curtail the use of arms for human rights violations. 3

But "arms brokering" in general was hardly brought up during ATT negotiations at U.N. headquarters, from Mar. 18-28, even though Bout's like-minded successors and contemporaries – many of who fuel the abuse of arms – remain at large.

"There's something sinister here," said Kathi Lynn Austin, executive director of the Conflict Awareness Project, referring to the relationships between governments and arms brokers.

"Governments around the world depend on brokers to carry out their national security operations," she told IPS, pointing out that brokers are the main facilitators of any arms trade.

"If you talk about including these actors (in the ATT), and if you talk about bringing stronger control, then you open a can of worms and put a lot of governments on the spot," said Austin, who's own efforts led to Bout's capture.

The reason brokering was not discussed, suspected Austin, was that governments made up their minds about brokering before ATT negotiations even began.

"Had there more time for (member states) to better understand the role of brokers and transporters, than you might have seen a stronger lobby for brokering," she said.

"I just think we ran out of time (to convince them)," she added.

Brian Wood, head of arms control at Amnesty International, told IPS that there is an absence of national and international regulations surrounding brokering. Over two-thirds of U.N. member states lack national laws regulating the activity.

The final ATT itself contains only one small paragraph on brokering, which starts, "Each State Party shall take measures, pursuant to its national laws, to regulate brokering under its jurisdiction."

Wood noted the significance of the phrase "pursuant to its national laws". He said, "If two-thirds of countries don't have (national) laws regulating brokering, then (by definition) the activity is not going to be illicit."

Andrew Feinstein, author of "The Shadow World: Inside the Global Arms Trade", told IPS that individual arms brokers are closely linked with defence contractors, governments and intelligence agencies.

Many governments and corporations are largely intertwined with arms brokers, using them as intermediaries to pay bribes and conduct other shadowy activities, he explained.

"Virtually every individual broker who is engaged in massive illegal arms trading activity are at one time or another being accessed by one or more intelligence agencies in the world," he said.

Feinstein noted that such collusions might have played out during ATT negotiations.

"Defence companies, defence contractors and the defence sector are enormously powerful," he said. "The ways their voices are heard are through the power they wield over governments."

"These industries have incredibly close relationships with governments… They have an access to government which is quite unique," said Feinstein, who served as a member of parliament for the African National Congress (ANC) in South Africa.

He also noted the U.K.'s position in the ATT talks. "The U.K. have been positive about some of the (strong ATT) measures imposed, but the way in which the U.K. engages in the trade is that they use a huge number of intermediaries from the world for the illicit trade," he said.

"I think the U.K. is supporting transparency measures with the knowledge that the really big players (U.S., Russia and China) are going to put it back, and I don't think they're actually going to be that disappointed with it," he added.

Feinstein warned that if the final ATT is too watered down, it might be worse than not having a treaty at all.

"It (would) effectively provide a stamp of approval for the status quo as it currently functions, a status quo that only intensifies conflict… and most ironically make the world a more dangerous place," he said.

Who are the arms brokers?

Wood of Amnesty International told IPS, "The top arms brokers are what I call professors of the arms trade.

"They work systematically. They have a breadth of technical and legal knowledge. They have commercial acumen. They know the right people, and they'll offer a ‘one-stop-shop' type of service," he said.

However, few people have a clear view of the arms brokering network. "No one has a list of arms brokers, because the governments don't control them… We (only) get a snapshot of what's happening," said Wood.

The most "nefarious" brokers are the ones who are corrupt and who work to circumvent U.N. arms embargos, he added.

Feinstein, who spoke with an arms dealer as recently as last week, told IPS, "They have certain common characteristics. The first that strikes me about all of them is that they're all these absolutely charming, larger than life, charismatic characters."

Another characteristic, said Feinstein, is that "to a sociopathic extent", these brokers are unable to comprehend the effects of their actions.

"They justify in the most compelling ways that what they do is actually good for the world, using phrases like ‘in defence of humanity' and ‘arming people to keep the peace'," he said.

"They're unable to see the other side of what they do, the real human consequences of the ways they make huge amounts of money," he added.

Brokering in the future

"Arms brokering thrives on globalisation," said Wood, co-author of "The Arms Fixers: Controlling the Brokers and Shipping Agents" with Johan Peleman.

"There's loads of submarkets for different things, thousands of products… this is tens of thousands of items being traded every day," said Wood.

"The arms market themselves have become more differentiated," he explained. "A lot of the stuff that's traded are parts or components, so they're not the finished systems.

"You have a lot of people who specialise in particular kinds of equipment. It's a niche market," he added.

"If they are not regulated… people may wake up at and realise that brokers have taken them for a ride," he warned.

© Inter Press Service (2013) — All Rights ReservedOriginal source: Inter Press Service

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