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.

The standards that are being used to shape EU decision-making on Ukraine matter both for their precedent-setting as reflecting the trajectory of EU normative power, as well as on the long-term blowbacks of proliferation on illicit arms trafficking. While from the EU Council, there has been limited public articulation of these risks, greater consideration thereof would serve as a reminder of the reality of post-conflict arms proliferation, ie. illicit arms trafficking of weapons leached from the conflict, and their subsequent misuse by undesirable actors. Geostrategic precedent is being set, with implications that extend far beyond Ukraine, including to other conflicts where the EU is already intervening. The EU’s delivering of massive lethal military assistance alters also the reflexive perception of its institutions.

This article looks at the origins, purposes and conflicts of national interests and policies that were the primary influences in shaping the substance of the Arms Trade Treaty, which came into force at the end of 2014. It then proceeds to a more legally focussed analysis and, having identified several important issues which have had to remain undiscussed, concentrates on detailed examination and evaluation of the most important provisions of substance. These are firstly the scope of the Treaty—defining the equipment or materiel covered (Article 2). There follows analysis of the provisions which contain the obligations on exporting States, ranging from absolute prohibitions (Article 6) to ‘export assessments’ (Article 7), which in practice will be the most frequently applicable. The paper concludes by identifying several valuable provisions in the Treaty whilst also highlighting several significant weaknesses and omissions. It contends that evaluation of the Treaty's likely contribution to controlling the recognized evils of the arms trade is premature at this stage and, further, that efforts towards that end must focus on the practice and law of domestic administrative implementation, rather than international law.

Common Article 1 to the four Geneva Conventions lays down an obligation to respect and ensure respect for the Conventions in all circumstances. This paper focuses on the second part of this obligation, in particular on the responsibility of third States not involved in a given armed conflict to take action in order to safeguard compliance with the Geneva Conventions by the parties to the conflict. It concludes that third States have an international legal obligation not only to avoid encouraging international humanitarian law violations committed by others, but also to take measures to put an end to on-going violations and to actively prevent their occurrence.

2013 was marked with several noteworthy events with particular relevance to international humanitarian law, such as the continuation of the conflict in Syria and the incidents related to the use of chemical weapons in that conflict; several key decisions in international, hybrid and national courts related to the adjudication of war crimes, crimes against humanity and genocide; the passage of an Arms Trade Treaty text; the 150th anniversary of the International Committee of the Red Cross; and the release of the second part of the Turkel Commission Report. This chapter addresses a number of these issues among other events of note.