The European Peace Facility and the UN Arms Trade Treaty: Fragmentation of the International Arms Control law?

Abstract

In March 2021, the European Council set up the European Peace Facility (EPF), to serve as a legal instrument for the provision of security and peace assistance measures. It includes the supply of military and defence-related equipment to the European Union’s partner countries worldwide. The official aim of the EPF is to prevent conflict, preserve peace and strengthen international security and stability. The European Council assures its Member States that these measures will be accompanied by risk assessments and legal safeguards that respect international law, and comply with arms export control laws. However, the EPF’s biggest challenge is circumnavigating the United Nations Arms Trade Treaty (ATT), which primarily aims to prevent the diversion of and illicit trade in conventional arms. This article examines the legality of the EPF’s assistance measures by referring to the ATT, and the law of international responsibility. This timely analysis will be relevant to policymakers and lawyers responsible for regulating the international transfer of conventional arms.