Providing Arms and Weapons to Parties Involved in Civil Wars: The Legal Framework for EU Member States

• Main Author: Lerer, Iotam Andrea
• Other Authors: Pertile, Marco
• Format: Doctoral Thesis
• Language: English
• Published: Università degli studi di Trento 2020
• Subjects: arms trade; ius ad bellum; use of force; CFSP
• Online Access: http://hdl.handle.net/11572/273793

At a time when the majority of conflicts are non-international, providing arms to the legitimate government or to the opposition forces may influence and even determine the outcome of a civil war. It is, therefore, not surprising that such a provision is subject to a web of rules. This dissertation focuses on those applicable to the EU Member States, which arise from international, European, and domestic law. Sanctions regimes are an integral part of this legal framework. Of primary importance are, naturally, sanctions adopted by the Security Council under Chapter VII, but also the more controversial EU restrictive measures are accounted for. The dissertation aims to clarify to whom EU Member States can legally provide arms and weapons during a civil war. This investigation is justified also in light of the positions adopted by individual EU Member States vis-a-vis the conflicts in Libya, Syria, and Yemen, three conflicts particularly relevant in political and economic terms for the EU and its Member States. By analysing these three case studies and putting the whole legal framework to the test the dissertation sheds light on how EU Member States justify their intervention. The adoption of these specific case studies allows for the assessment of their positions both when they provide arms to parties that intervene on request of the legitimate government and when they provide support to opposition forces. Despite being EU Member States subject to common European rules on arms exports and being all party to the Arms Trade Treaty, their practice is far from uniform. The result of these differences is far-reaching and has an impact not only on the civil war where the arms are provided but also on the EU.