The Legality of Weapons Transfers to Ukraine Under International Law

Research output: Contribution to journal › Journal article › Research › peer-review

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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

Harvard

Heller, KJ & Trabucco, L 2022, 'The Legality of Weapons Transfers to Ukraine Under International Law', Journal of International Humanitarian Legal Studies, vol. 13, no. 2, pp. 251-274. https://doi.org/10.1163/18781527-bja10053

APA

Heller, K. J., & Trabucco, L. (2022). The Legality of Weapons Transfers to Ukraine Under International Law. Journal of International Humanitarian Legal Studies, 13(2), 251-274. https://doi.org/10.1163/18781527-bja10053

Vancouver

Heller KJ, Trabucco L. The Legality of Weapons Transfers to Ukraine Under International Law. Journal of International Humanitarian Legal Studies. 2022;13(2):251-274. https://doi.org/10.1163/18781527-bja10053

Author

Heller, Kevin Jon ; Trabucco, Lena. / The Legality of Weapons Transfers to Ukraine Under International Law. In: Journal of International Humanitarian Legal Studies. 2022 ; Vol. 13, No. 2. pp. 251-274.

Bibtex

@article{fbd6703ca6b64b2aa7b42834d248061a,
title = "The Legality of Weapons Transfers to Ukraine Under International Law",
abstract = "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.",
keywords = "co-belligerency, international criminal law, international humanitarian law, jus ad bellum, law of neutrality, self-defence, state responsibility, weapons transfers",
author = "Heller, {Kevin Jon} and Lena Trabucco",
note = "Publisher Copyright: {\textcopyright} 2022 ",
year = "2022",
doi = "10.1163/18781527-bja10053",
language = "English",
volume = "13",
pages = "251--274",
journal = "Journal of International Humanitarian Legal Studies",
issn = "1878-1373",
publisher = "Brill - Nijhoff",
number = "2",

}

RIS

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