Cover of: Der völkerrechtliche Rahmen für Waffenlieferungen an die Ukraine
Christian Schaller

Der völkerrechtliche Rahmen für Waffenlieferungen an die Ukraine

Section: Treatises
Volume 60 (2022) / Issue 4, pp. 439-464 (26)
Published 29.03.2023
DOI 10.1628/avr-2022-0023
Published in German.
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Summary
The article analyses the international legal framework regarding deliveries of arms to states that are parties to an international armed conflict. It focuses on the jus contra bellum, the law of neutrality and international humanitarian law. Many of the legal questions arising in this context cannot be answered conclusively on the basis of existing treaty and customary international law. For example, does the arming and training of military units of a conflict party constitute an indirect use of force within the meaning of Article 2(4) of the UN Charter? To what extent are the traditional laws of neutrality replaced or modified by the Charter's system of collective security? And under which conditions will a state supporting a party to an international armed conflict become itself a party to that conflict? The article discusses these issues against the backdrop of arms supplies provided to Ukraine in its defensive war against Russia and develops various lines of argumentation that help to classify such assistance.