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18 NZJPIL 49 (2020)
Gender-Based Violence and the Arms Trade Treaty: Article 7(4) under Fire

handle is hein.journals/nzjpubinl18 and id is 54 raw text is: 49

GENDER-BASED VIOLENCE AND THE
ARMS TRADE TREATY: ARTICLE 7(4)
UNDER FIRE
Jessica Sutton*
New Zealand has been a key driving state in the establishment of the Arms Trade Treaty (ATT), a
Treaty aimed at mitigating the human suffering caused by the international arms trade. The ATT has
been criticised for a variety of reasons, one of which is the inadequacies of art 7(4). Article 7(4) was
heralded as a protection for victims of gender-based violence (GBV), a form of violence which is
exacerbated by both legal and illicit trade in arms. However, art 7(4) is ambiguously drafted and
poorly implemented even by socially progressive states such as New Zealand, undermining the ATT's
goal to reduce human suffering. This article argues that reform of art 7(4) to provide certainty,
oversight and accountability is an urgent necessity to secure added protection for GBV victims.
I      INTRODUCTION
The Arms Trade Treaty (ATT) is the only universal binding treaty to regulate international trade
in conventional weapons, and to recognise the connection between gender-based violence (GBV) and
arms exports.1 GBV is a form of violence which predominately impacts women and girls.2 Influx of
conventional weapons into a country causes GBV rates to increase, tripling the risk of fatal GBV and
reducing the level of gender equality nationwide.3 Article 7(4) of the ATT purports to address this
*   BA/LLB(Hons) Victoria University of Wellington; 2021 Rhodes Scholar-Elect for New Zealand. I would like
to thank Professor Alberto Costi for his supervision of this piece as part of my Honours seminar.
1 Arms Trade Treaty Monitor A7T Monitor Report 2019 (2019) at 19.
2   Annual Report of the UN High Commissionerfor Human Rights UN Doc A/HRC/19/41 (17 November 2011)
at [20]; and Control Arms How to use the Arms Trade Treaty to address Gender-Based Violence (August
2018) at 4.
3   Control Arms, above n 2, at 4.

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