European Law Open (Sep 2022)

Defending Ukraine with EU weapons: arms control law in times of crisis

  • Tomas Hamilton

DOI
https://doi.org/10.1017/elo.2022.35
Journal volume & issue
Vol. 1
pp. 635 – 659

Abstract

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The wish from 24 February 2022 onwards to help Ukraine defend against Russian aggression has led to the provision of unprecedented lethal European Union (EU) military assistance. As the ‘taboo’ of supplying lethal assistance into non-EU conflicts is swept aside, what is the role of international arms control law? The legal requirements of the EU Common Position on arms exports and the Arms Trade Treaty compel EU Member States to assess various short- and long-term risks associated with arms exports. But it is unclear how arms control norms are being taken into account by the EU Council in its rapidly evolving role as a peacemaker.

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