Exploiting and constructing legal ambiguity. UK arms exports to Saudi Arabia during the war in Yemen

Abstract

ABSTRACT While ambiguity is a common feature of international obligations, there is a strong theoretical anticipation that ambiguities may be exploited, and obligations circumvented, under competing interests. This article largely backs this anticipation. The article scrutinises how ambiguous arms export control obligations are handled under strong incentives for arms export. The empirical case explored is the UK government’s arms exports to Saudi Arabia during the war in Yemen. Exports continued despite evidence that the Saudi-led coalition was violating international humanitarian law (IHL) in Yemen, and despite obligations not to export if there is a risk that the exported equipment can be used in IHL violations. A resulting legal challenge against the UK government provides valuable information about the role of ambiguity in the implementation of arms export controls. Drawing on primary sources from the legal process, this article argues that the UK government has taken advantage of linguistic ambiguity. The article also argues that the government has engaged in the continuous construction of ambiguity around events in Yemen and around the ideal parameters for arms trade risk assessment. Together, these strategies have facilitated continued arms exports to Saudi Arabia.