Why is the Biden Administration Still Silent on Arms Trade Treaty?

For the United States to remain on the sidelines of a treaty it helped negotiate and that is in the U.S. interest is inconsistent with those values and commitment.

At this week’s 8th Conference of States Parties for the Arms Trade Treaty, the blatant failure of the Biden administration to update U.S. policy towards the Arms Trade Treaty (ATT) is on full display. April 26 marks three years since President Trump announced the US was “un-signing” the treaty. Yet, in the two years since President Biden took office, he has not rescinded the previous administration’s foolish decision and taken the simple step of recommitting to a treaty that creates a more responsible and accountable arms trade.

The United States played a major role in the negotiation of the Arms Trade Treaty, a landmark agreement that regulates the cross-border trade in conventional arms. The ATT prohibits certain kinds of arms transfers, establishes specific criteria for making arms transfer decisions, and aims to prevent governments from supplying the lethal weapons of war to human rights abusers, violators of the laws of war, terrorists, and organized criminal groups. These are not controversial measures; they are already reflected in U.S. law and regulations. The United States is the world’s largest exporter of lethal weapons and it is common sense to ensure that arms transfers do not end up in the hands of people and countries that do not share our interests or values.

It should be no surprise then that 111 countries have ratified the ATT, including nearly all U.S. allies and partners.  The United States signed the treaty in 2013 but the Senate had not yet ratified it when President Trump took the symbolic step of declaring the United States had “unsigned” the treaty. In the meantime, China has ratified the ATT, throwing America’s absence into stark relief and filling the leadership vacuum caused by the United States’ continued abdication of leadership.

Unfortunately, the Biden administration has been frustratingly and disappointingly silent on the ATT despite support for the treaty appearing in the Democratic Party’s platform and numerous promises to review the agreement and the U.S. role in it. This decision sits firmly in the executive branch’s hands; no congressional action is required to recommit to the treaty. Despite the fanfare and bluster surrounding President Trump’s announcement, his declaration was relatively meaningless — a country cannot “un-sign” a treaty. Instead, the Trump administration’s announcement simply confirmed that the United States did not intend to ratify the treaty or act in ways bound by the object and purpose of the treaty.

President Biden need only send a letter to the UN stating that it will fulfill its responsibilities as a signatory and be bound by the object and purpose of the treaty, which are to reduce human suffering and ensure a responsible, accountable, and transparent arms trade.

Candidate Biden championed a return to multilateralism and responsible engagement with our allies and partners. President Biden has largely followed through on that effort. But for the United States to remain on the sidelines of a treaty it helped negotiate and that is in the U.S. interest is inconsistent with those values and commitment.

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Elias Yousif • Rachel Stohl

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