The Legality of Conventional Arms Transfers during Armed Conflicts: Assessing State Responsibility for Facilitating Military Actions of Other States

Abstract

In the context of a growing flow of arms trade, the question I consider here is whether the transfer of conventional armaments (small, light, or heavy weaponry) constitutes a lawful act under contemporary international law, or whether we are facing situations that are contrary to the positive rules in force. This question is relevant because it allows us to rethink the intervention in hostilities by third states that, by compromising their neutrality, choose to collaborate openly with one of the parties in the confrontation. At the same time, it contributes to a broader thinking about the legal and extra-legal limits that can be imposed on arms transfers when they are likely to affect international peace and security or jeopardize respect for human rights.