Arms Control

Page 1 of 7

Filter category

Feature post image

Common Article 1 Does Prohibit Complicity in IHL Violations, Through Arms Transfers or Otherwise

Last week, over on Articles of War, I read with great interest a post on Common Article 1 (CA1) of the Geneva Conventions by my good friends Mike Schmitt and Sean Watts. Their post, building on their prior work, argues that CA1 should not be understood as having any external dimension. It comments in that regard on the case brought by Nicaragua against Germany before the International Court of Justice, in which the Court is now deliberating on the request for provisional measures. Anything that Mike and Sean write is always going to be thoughtful and considered. But I must confess that I was somewhat perplexed after reading their post, on two counts. First, in their post Mike and Sean claim that their argument is strictly confined to matters of law and not policy. But they nonetheless express regret in the post that Germany did not expressly argue in favor of their own position that CA1 has no external dimension, which they regard…

Read more

Caught in a Geopolitical Crossfire: Questioning the Legality of US-Imposed Export Controls on Dutch Computer Chip Machines

For years now, the US has lobbied with the Dutch government to institute controls on the export to China of chipmaking machines produced by ASML, Europe’s most valuable tech company. In 2019, Washington effectively pushed the Netherlands to prevent the export of one of ASML’s most advanced “Extreme Ultraviolet” (EUV) lithography machines to China. And…

Read more

The Death of Nuclear Arms Control Treaties

A generational crisis in international nuclear arms control law was already looming when, on February 21, 2023, Vladimir Putin announced that Russia would suspend its participation in the 2010 New Strategic Arms Reduction Treaty (New START).  New START, a bilateral nuclear arms control treaty between Russia and the U.S., was already scheduled to terminate by its terms…

Read more

On the ‘Suspension’ of the New START Treaty by Russia

On 21 February 2023, the President of Russia, Vladimir Putin, announced to the Federal Assembly that Russia would suspend the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (the ‘New START Treaty’, signed on 8 April 2010…

Read more

Russia’s Recognition of the ‘Separatist Republics’ in Ukraine was Manifestly Unlawful

The rush to judgment can be deceptive. A recent contribution to these pages cautions us against making instant assumptions of fact and law when considering Russia’s recognition as states of parts of Luhansk and Donetsk Oblasts within Ukraine as manifestly unlawful. Two questions arise: Do the Oblasts meet the criteria of statehood and, if so,…

Read more