From Neutrality to Necessity: An Analysis of the Legality of Weapons Transfers to Ukraine1
From Neutrality to Necessity: An Analysis of the Legality of Weapons Transfers to Ukraine1
Author(s): Artem NazarkoSubject(s): Law, Constitution, Jurisprudence, International Law
Published by: Univerzita Palackého v Olomouci
Keywords: law of neutrality; qualified neutrality; international law; weapons transfers; belligerency; Russia-Ukraine; State responsibility; countermeasures.
Summary/Abstract: Since the commencement of the Russian incursion into Ukraine in February 2022, many Western States have furnished Ukraine with weaponry, ammunition, and military supplies. This has raised questions about their commitment to neutrality, as they appear to support one side of the conflict. Surprisingly, these states have not offered any clear legal rationale for these transfers, leaving legal experts and commentators to grapple with the issue of whether supplying arms to the victims of aggression aligns with their obligations as neutral entities. This article takes a closer look at these arguments, examining their compatibility with the principles of international neutrality. The aim is to evaluate the validity of the various grounds proposed by scholars and commentators and determine which, if any, offer the most persuasive legal justifications for arms transfers.
Journal: Acta Iuridica Olomucensia
- Issue Year: 18/2023
- Issue No: 3
- Page Range: 190-207
- Page Count: 18
- Language: English