The Legality of Weapons Transfers to Ukraine Under International Law
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The Legality of Weapons Transfers to Ukraine Under International Law. / Heller, Kevin Jon; Trabucco, Lena.
In: Journal of International Humanitarian Legal Studies, Vol. 13, No. 2, 2022, p. 251-274.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - The Legality of Weapons Transfers to Ukraine Under International Law
AU - Heller, Kevin Jon
AU - Trabucco, Lena
N1 - Publisher Copyright: © 2022
PY - 2022
Y1 - 2022
N2 - This article analyses the legality of Western states providing weapons to Ukraine. It focuses on five areas of international law: (1) the jus ad bellum; (2) the law of neutrality; (3) international humanitarian law; (4) state responsibility for complicity in internationally wrongful acts; and (5) international criminal law. It concludes that weapons transfers likely violate the law of neutrality, entitling Russia to respond with countermeasures; that Russia can lawfully target transferred weapons under ihl; and that weapons transfers could lead to state and individual responsibility if evidence comes to light that the Ukrainian military is using weapons previously supplied by the West to commit war crimes. By contrast, providing weapons to Ukraine does not violate the jus ad bellum because they are in service of Ukraine's right of self-defence against Russia and does not make the supplying states co-belligerents in Russia's international armed conflict with Ukraine.
AB - This article analyses the legality of Western states providing weapons to Ukraine. It focuses on five areas of international law: (1) the jus ad bellum; (2) the law of neutrality; (3) international humanitarian law; (4) state responsibility for complicity in internationally wrongful acts; and (5) international criminal law. It concludes that weapons transfers likely violate the law of neutrality, entitling Russia to respond with countermeasures; that Russia can lawfully target transferred weapons under ihl; and that weapons transfers could lead to state and individual responsibility if evidence comes to light that the Ukrainian military is using weapons previously supplied by the West to commit war crimes. By contrast, providing weapons to Ukraine does not violate the jus ad bellum because they are in service of Ukraine's right of self-defence against Russia and does not make the supplying states co-belligerents in Russia's international armed conflict with Ukraine.
KW - co-belligerency
KW - international criminal law
KW - international humanitarian law
KW - jus ad bellum
KW - law of neutrality
KW - self-defence
KW - state responsibility
KW - weapons transfers
U2 - 10.1163/18781527-bja10053
DO - 10.1163/18781527-bja10053
M3 - Journal article
AN - SCOPUS:85137650179
VL - 13
SP - 251
EP - 274
JO - Journal of International Humanitarian Legal Studies
JF - Journal of International Humanitarian Legal Studies
SN - 1878-1373
IS - 2
ER -
ID: 346536932