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4.7 TRANSFER
4.7.1 States shall regulate all transfers, including export and import, of less-lethal
weapons and related equipment in accordance with their international
obligations.59 They should put in place risk assessment procedures to ensure,
prior to the authorization of a transfer, that such items are not used to commit
or facilitate serious violations of international humanitarian law or violations
of the rights to life, to physical integrity, to freedom of peaceful assembly or
to fair trial, or of other due process guarantees or other human rights.60
4.7.2 Less-lethal weapons and related equipment whose designated, expected or
intended use is tantamount to torture or another form of cruel, inhuman or
degrading treatment or punishment shall never be transferred.61
4.7.3 Less-lethal weapons or related equipment that present an undue risk of injury or
loss of life following designated, expected or intended use – taking into account
also the human rights record of the recipient State – shall not be transferred.
4.8 INTERNATIONAL COOPERATION AND ASSISTANCE
4.8.1 States in a position to do so should consider responding positively to requests
for international cooperation and assistance in the supply of appropriate
less-lethal weapons and related equipment (including personal protective
equipment). States that receive less-lethal weapons and related equipment
should consider requesting training on their lawful use.
4.8.2 As a matter of good practice, the provision of assistance should be
accompanied by support for training in the appropriate use of the less-lethal
weapons and related equipment, and on how to mitigate any negative
consequences associated with their use.
Such obligations may result, inter alia, from their adherence to the Arms Trade Treaty (2013),
under international human rights law, from their membership of regional organizations, or as
a result of their adherence to relevant regional treaties.
60
See Arms Trade Treaty, article 7.
61
See for example Omega Research Foundation and Amnesty International, Ending the Trade in the
Tools of Torture: Five Key Principles, United Kingdom, 2017 (available at https://bit.ly/2IAADPH).
The same applies to any of the weapons mentioned in section 5.1 below.
59
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