Article 3(5) TEU and Arms Export Control: The EU’s Role in the Observance and Development of International (Humanitarian) Law

Abstract

Article 3(5) TEU affirms the EU’s commitment to upholding international law, including humanitarian law (IHL). Recent efforts to boost Europe’s defence raise doubts about whether arms export controls adequately reflect these obligations. This article employs doctrinal legal analysis combined with a review of recent policy documents and scholarly debates. It examines the balance between EU law, Member State discretion, and the Union’s international obligations, highlighting key strengths and shortcomings The analysis shows that, despite recent legislative changes, the EU’s arms export control system remains marked by fragmented competences and limited enforcement. While recent revisions have broadened references to international commitments and sought greater harmonization, the effectiveness of these changes depends largely on the political will of Member States. Persistent gaps undermine the EU’s credibility as a promoter of international law.
The article argues that the EU’s current framework only partially fulfils its treaty-based commitments. To enhance coherence and legal certainty, future reforms should consider hybrid regulatory models that combine political consensus with binding legal mechanisms. Such an approach would better align Europe’s pursuit of defence readiness with EU’s stated objective of advancing peace and a rules-based international order.