In recent years, the international community has witnessed firsthand various armed conflicts and the consequences of the proliferation of weapons, sometimes promoted by national governments themselves. Sufficient evidence of this are the Russian-Ukrainian conflict, the Armenian-Azeri conflict and, of course, the Israeli-Palestinian conflict. Among civilian victims, it is women and girls who suffer most regularly from different forms of gender-based violence. Compliance with the new provisions of the Arms Trade Treaty should reduce the particular incidence.

Among the large numbers of civilian victims of conflict, as in the case of the Palestinians who have lost their lives in Gaza, are many women and girls. Although globally, men and boys account for the highest percentage of violent deaths and forced recruitment during armed conflict, it is women and girls who suffer most commonly from different forms of gender-based violence. Half of these crimes are committed with small firearms, which increases the fees of femicide, the deadliest form of violence against women. This subject of acts against women and girls is what international law has designated as "serious acts of gender-based violence". 

The development of an appropriate legal framework for the arms trade

The landmark Arms Trade Treaty (ATT), adopted in 2013 at the United Nations framework , was the first international agreement to establish a specific rules and regulations for the transfer and transaction of conventional arms and ammunition. After six long years of diplomatic negotiations, the ATT laid the instructions for global control of the conventional arms trade by creating a new legal framework according to which states must ensure the lawful cross-border transfer of arms.

Its main goal, therefore, is to regulate the movement and trade of arms by requiring signatory states to comply with a set of guidelines before transactions are authorized, and thus prevent the harmful use of arms. To this end, the ATT requires signatory states to establish a national control system for arms transfers. This is increasingly imperative as arms from such trade are directly linked to 54% of global gun homicides.

The ATT includes a numerus clausus list of conventional weapons that fall within the categories included in its scope of application, among which are battle tanks and aircraft, warships, missiles and missile launchers, or small arms and light weapons, among others (article 2). There is an express prohibition on exporting this subject of weapons in cases where the exporting State knows that such weapons are intended for the commission of war crimes or crimes against humanity. The Treaty also requires signatory states to assess whether their exports could potentially contribute to other specific risks to peace and security, or be used to commit or facilitate violations of international humanitarian law, as well as acts of terrorism or transnational organized crimes.

The protective nexus between serious acts of gender-based violence and the export of arms

The ATT has been a pioneer in recognizing the connection between international arms exports and gender-based violence. In this sense, it is the first international instrument to include a provision dedicated to "serious acts of gender-based violence", and has made visible the link between these and the rules and regulations deficient around arms exports. This is core topic, as it shows that women and security issues have made their way into the mainstream of international security.

Serious acts of gender-based violence (GBV) can be defined as violent acts directed against a person because of their gender or sex, including acts that may cause physical, mental or sexual suffering or harm, as well as the threat of such acts, coercion or other forms of deprivation of liberty. Violence against women as a weapon of war has recently been demonstrated in the war that Russia has been waging on Ukrainian soil since February 2022, in which high levels of the United Nations are demanding investigations and reinforced protection measures.

Many of the serious acts of gender-based violence constitute violations of international humanitarian law, and their effects contribute to and influence the destabilization of international peace and security. What is distinctive about the ATT is that it obliges states to assess the risks of arms transactions in relation to serious acts of gender-based violence or violence directed against women(ex article 7, para. 4). This is the first time that an international treaty with binding force makes reference letter reference to serious acts of gender-based violence and, moreover, does so in its main provisions.

The fact that there is an explicit accredited specialization for these serious acts of gender-based violence is a major step forward in terms of security discussions in international fora. This demonstrates an awareness in the international sphere of the broad spectrum of women's issues, which, however, did not previously have an international normative regime to support them.

Some deficiencies and needed improvements

The fundamental reason why these measures were finally adopted in the face of serious acts of gender-based violence was because of the importance that this subject of violence began to take on at the 2012 and 2013 conferences of the Commission on the Status of Women (CSW). These meetings made visible the international security debates and their relationship to the prevailing rhetoric around gender equality. In this way, States began to understand serious acts of gender-based violence as a violation of human rights and human security, and this was reflected in the international legal order.

However, serious acts of gender-based violence do not yet have their own clause in the Treaty, as do, for example, human rights (article 7.1.ii) and international humanitarian law (article 7.1.i). Had this been the case, these acts would receive greater protection, since failure to comply with the established criteria would lead to the denial of the licence necessary to export when the transaction involves a potentially high risk. It is for this reason that serious acts of gender-based violence should be considered as a separate issue and not subsumed under the previous ones of article 7. In other words, any arms transaction that poses a risk or facilitates a violation of human rights or international humanitarian law will not necessarily serve as a barrier to protection against serious acts of gender-based violence.

Although many of the serious acts of gender-based violence can be framed in this article, it also leaves a vacuum and generates legal uncertainty, as it implies a margin of ambiguity that would allow a State to carry out the transfer of arms, even if the dangerous nature is evident. The existence of this legal vacuum could even impede the achievement of the objectives intended by the ATT. In addition, the fact that no consensus could be reached on the definition of "serious acts of gender-based violence" for the purposes of the ATT represents another difficulty in terms of its scope of application. It is therefore necessary for States to continue to seek solutions to ensure robust standards without loopholes that may leave too much room for interpretation.

Challenges ahead

Decisions and resolutions adopted at the international level for the protection of women in armed conflict are increasing and gaining greater visibility in the international sphere. The international community is increasingly aware of the link between the illicit export and proliferation of conventional weapons and serious acts of gender-based violence.

 The express reference letter to serious acts of gender-based violence in the ATT sets a precedent that contributes to making illicit access to conventional weaponry more difficult, but also brings these security debates closer to the main international fora. The adoption of the ATT denotes a major victory for the international community and for all those who fought for more than a decade for the creation of an international arms regime that would protect human rights and humanitarian law.

Even so, the road to effective implementation of the relevant normative instruments is still a long one. There is still much room for improvement in terms of the interpretation and correct application of ATT obligations by States. The relevant legal development at subject on gender equality and human security has ultimately helped written request to lay the groundwork instructions for a more concrete legal language analysis. Only in this way does the continued and gradual strengthening of the ATT and its application to serious acts of gender-based violence seem possible.

In recent years, the international community has witnessed firsthand various armed conflicts and the consequences of the proliferation of weapons, sometimes promoted by national governments themselves. Sufficient evidence of this are the Russian-Ukrainian conflict, the Armenian-Azeri conflict and, of course, the Israeli-Palestinian conflict. Among civilian victims, it is women and girls who suffer most regularly from different forms of gender-based violence. Compliance with the new provisions of the Arms Trade Treaty should reduce the particular incidence.

Among the large numbers of civilian victims of conflict, as in the case of the Palestinians who have lost their lives in Gaza, are many women and girls. Although globally, men and boys account for the highest percentage of violent deaths and forced recruitment during armed conflict, it is women and girls who suffer most commonly from different forms of gender-based violence. Half of these crimes are committed with small firearms, which increases the fees of femicide, the deadliest form of violence against women. This subject of acts against women and girls is what international law has designated as "serious acts of gender-based violence". 

The development of an appropriate legal framework for the arms trade

The landmark Arms Trade Treaty (ATT), adopted in 2013 at the United Nations framework , was the first international agreement to establish a specific rules and regulations for the transfer and transaction of conventional arms and ammunition. After six long years of diplomatic negotiations, the ATT laid the instructions for global control of the conventional arms trade by creating a new legal framework according to which states must ensure the lawful cross-border transfer of arms.

Its main goal, therefore, is to regulate the movement and trade of arms by requiring signatory states to comply with a set of guidelines before transactions are authorized, and thus prevent the harmful use of arms. To this end, the ATT requires signatory states to establish a national control system for arms transfers. This is increasingly imperative as arms from such trade are directly linked to 54% of global gun homicides.

The ATT includes a numerus clausus list of conventional weapons that fall within the categories included in its scope of application, among which are battle tanks and aircraft, warships, missiles and missile launchers, or small arms and light weapons, among others (article 2). There is an express prohibition on exporting this subject of weapons in cases where the exporting State knows that such weapons are intended for the commission of war crimes or crimes against humanity. The Treaty also requires signatory states to assess whether their exports could potentially contribute to other specific risks to peace and security, or be used to commit or facilitate violations of international humanitarian law, as well as acts of terrorism or transnational organized crimes.

The protective nexus between serious acts of gender-based violence and the export of arms

The ATT has been a pioneer in recognizing the connection between international arms exports and gender-based violence. In this sense, it is the first international instrument to include a provision dedicated to "serious acts of gender-based violence", and has made visible the link between these and the rules and regulations deficient around arms exports. This is core topic, as it shows that women and security issues have made their way into the mainstream of international security.

Serious acts of gender-based violence (GBV) can be defined as violent acts directed against a person because of their gender or sex, including acts that may cause physical, mental or sexual suffering or harm, as well as the threat of such acts, coercion or other forms of deprivation of liberty. Violence against women as a weapon of war has recently been demonstrated in the war that Russia has been waging on Ukrainian soil since February 2022, in which high levels of the United Nations are demanding investigations and reinforced protection measures.

Many of the serious acts of gender-based violence constitute violations of international humanitarian law, and their effects contribute to and influence the destabilization of international peace and security. What is distinctive about the ATT is that it obliges states to assess the risks of arms transactions in relation to serious acts of gender-based violence or violence directed against women(ex article 7, para. 4). This is the first time that an international treaty with binding force makes reference letter reference to serious acts of gender-based violence and, moreover, does so in its main provisions.

The fact that there is an explicit accredited specialization for these serious acts of gender-based violence is a major step forward in terms of security discussions in international fora. This demonstrates an awareness in the international sphere of the broad spectrum of women's issues, which, however, did not previously have an international normative regime to support them.

Some deficiencies and needed improvements

The fundamental reason why these measures were finally adopted in the face of serious acts of gender-based violence was because of the importance that this subject of violence began to take on at the 2012 and 2013 conferences of the Commission on the Status of Women (CSW). These meetings made visible the international security debates and their relationship to the prevailing rhetoric around gender equality. In this way, States began to understand serious acts of gender-based violence as a violation of human rights and human security, and this was reflected in the international legal order.

However, serious acts of gender-based violence do not yet have their own clause in the Treaty, as do, for example, human rights (article 7.1.ii) and international humanitarian law (article 7.1.i). Had this been the case, these acts would receive greater protection, since failure to comply with the established criteria would lead to the denial of the licence necessary to export when the transaction involves a potentially high risk. It is for this reason that serious acts of gender-based violence should be considered as a separate issue and not subsumed under the previous ones of article 7. In other words, any arms transaction that poses a risk or facilitates a violation of human rights or international humanitarian law will not necessarily serve as a barrier to protection against serious acts of gender-based violence.

Although many of the serious acts of gender-based violence can be framed in this article, it also leaves a vacuum and generates legal uncertainty, as it implies a margin of ambiguity that would allow a State to carry out the transfer of arms, even if the dangerous nature is evident. The existence of this legal vacuum could even impede the achievement of the objectives intended by the ATT. In addition, the fact that no consensus could be reached on the definition of "serious acts of gender-based violence" for the purposes of the ATT represents another difficulty in terms of its scope of application. It is therefore necessary for States to continue to seek solutions to ensure robust standards without loopholes that may leave too much room for interpretation.

Challenges ahead

Decisions and resolutions adopted at the international level for the protection of women in armed conflict are increasing and gaining greater visibility in the international sphere. The international community is increasingly aware of the link between the illicit export and proliferation of conventional weapons and serious acts of gender-based violence.

 The express reference letter to serious acts of gender-based violence in the ATT sets a precedent that contributes to making illicit access to conventional weaponry more difficult, but also brings these security debates closer to the main international fora. The adoption of the ATT denotes a major victory for the international community and for all those who fought for more than a decade for the creation of an international arms regime that would protect human rights and humanitarian law.

Even so, the road to effective implementation of the relevant normative instruments is still a long one. There is still much room for improvement in terms of the interpretation and correct application of ATT obligations by States. The relevant legal development at subject on gender equality and human security has ultimately helped written request to lay the groundwork instructions for a more concrete legal language analysis. Only in this way does the continued and gradual strengthening of the ATT and its application to serious acts of gender-based violence seem possible.

In recent years, the international community has witnessed firsthand various armed conflicts and the consequences of the proliferation of weapons, sometimes promoted by national governments themselves. Sufficient evidence of this are the Russian-Ukrainian conflict, the Armenian-Azeri conflict and, of course, the Israeli-Palestinian conflict. Among civilian victims, it is women and girls who suffer most regularly from different forms of gender-based violence. Compliance with the new provisions of the Arms Trade Treaty should reduce the particular incidence.

Among the large numbers of civilian victims of conflict, as in the case of the Palestinians who have lost their lives in Gaza, are many women and girls. Although globally, men and boys account for the highest percentage of violent deaths and forced recruitment during armed conflict, it is women and girls who suffer most commonly from different forms of gender-based violence. Half of these crimes are committed with small firearms, which increases the fees of femicide, the deadliest form of violence against women. This subject of acts against women and girls is what international law has designated as "serious acts of gender-based violence". 

The development of an appropriate legal framework for the arms trade

The landmark Arms Trade Treaty (ATT), adopted in 2013 at the United Nations framework , was the first international agreement to establish a specific rules and regulations for the transfer and transaction of conventional arms and ammunition. After six long years of diplomatic negotiations, the ATT laid the instructions for global control of the conventional arms trade by creating a new legal framework according to which states must ensure the lawful cross-border transfer of arms.

Its main goal, therefore, is to regulate the movement and trade of arms by requiring signatory states to comply with a set of guidelines before transactions are authorized, and thus prevent the harmful use of arms. To this end, the ATT requires signatory states to establish a national control system for arms transfers. This is increasingly imperative as arms from such trade are directly linked to 54% of global gun homicides.

The ATT includes a numerus clausus list of conventional weapons that fall within the categories included in its scope of application, among which are battle tanks and aircraft, warships, missiles and missile launchers, or small arms and light weapons, among others (article 2). There is an express prohibition on exporting this subject of weapons in cases where the exporting State knows that such weapons are intended for the commission of war crimes or crimes against humanity. The Treaty also requires signatory states to assess whether their exports could potentially contribute to other specific risks to peace and security, or be used to commit or facilitate violations of international humanitarian law, as well as acts of terrorism or transnational organized crimes.

The protective nexus between serious acts of gender-based violence and the export of arms

The ATT has been a pioneer in recognizing the connection between international arms exports and gender-based violence. In this sense, it is the first international instrument to include a provision dedicated to "serious acts of gender-based violence", and has made visible the link between these and the rules and regulations deficient around arms exports. This is core topic, as it shows that women and security issues have made their way into the mainstream of international security.

Serious acts of gender-based violence (GBV) can be defined as violent acts directed against a person because of their gender or sex, including acts that may cause physical, mental or sexual suffering or harm, as well as the threat of such acts, coercion or other forms of deprivation of liberty. Violence against women as a weapon of war has recently been demonstrated in the war that Russia has been waging on Ukrainian soil since February 2022, in which high levels of the United Nations are demanding investigations and reinforced protection measures.

Many of the serious acts of gender-based violence constitute violations of international humanitarian law, and their effects contribute to and influence the destabilization of international peace and security. What is distinctive about the ATT is that it obliges states to assess the risks of arms transactions in relation to serious acts of gender-based violence or violence directed against women(ex article 7, para. 4). This is the first time that an international treaty with binding force makes reference letter reference to serious acts of gender-based violence and, moreover, does so in its main provisions.

The fact that there is an explicit accredited specialization for these serious acts of gender-based violence is a major step forward in terms of security discussions in international fora. This demonstrates an awareness in the international sphere of the broad spectrum of women's issues, which, however, did not previously have an international normative regime to support them.

Some deficiencies and needed improvements

The fundamental reason why these measures were finally adopted in the face of serious acts of gender-based violence was because of the importance that this subject of violence began to take on at the 2012 and 2013 conferences of the Commission on the Status of Women (CSW). These meetings made visible the international security debates and their relationship to the prevailing rhetoric around gender equality. In this way, States began to understand serious acts of gender-based violence as a violation of human rights and human security, and this was reflected in the international legal order.

However, serious acts of gender-based violence do not yet have their own clause in the Treaty, as do, for example, human rights (article 7.1.ii) and international humanitarian law (article 7.1.i). Had this been the case, these acts would receive greater protection, since failure to comply with the established criteria would lead to the denial of the licence necessary to export when the transaction involves a potentially high risk. It is for this reason that serious acts of gender-based violence should be considered as a separate issue and not subsumed under the previous ones of article 7. In other words, any arms transaction that poses a risk or facilitates a violation of human rights or international humanitarian law will not necessarily serve as a barrier to protection against serious acts of gender-based violence.

Although many of the serious acts of gender-based violence can be framed in this article, it also leaves a vacuum and generates legal uncertainty, as it implies a margin of ambiguity that would allow a State to carry out the transfer of arms, even if the dangerous nature is evident. The existence of this legal vacuum could even impede the achievement of the objectives intended by the ATT. In addition, the fact that no consensus could be reached on the definition of "serious acts of gender-based violence" for the purposes of the ATT represents another difficulty in terms of its scope of application. It is therefore necessary for States to continue to seek solutions to ensure robust standards without loopholes that may leave too much room for interpretation.

Challenges ahead

Decisions and resolutions adopted at the international level for the protection of women in armed conflict are increasing and gaining greater visibility in the international sphere. The international community is increasingly aware of the link between the illicit export and proliferation of conventional weapons and serious acts of gender-based violence.

 The express reference letter to serious acts of gender-based violence in the ATT sets a precedent that contributes to making illicit access to conventional weaponry more difficult, but also brings these security debates closer to the main international fora. The adoption of the ATT denotes a major victory for the international community and for all those who fought for more than a decade for the creation of an international arms regime that would protect human rights and humanitarian law.

Even so, the road to effective implementation of the relevant normative instruments is still a long one. There is still much room for improvement in terms of the interpretation and correct application of ATT obligations by States. The relevant legal development at subject on gender equality and human security has ultimately helped written request to lay the groundwork instructions for a more concrete legal language analysis. Only in this way does the continued and gradual strengthening of the ATT and its application to serious acts of gender-based violence seem possible.