As with the Soviets in Vietnam, providing arms is not the same as fighting
A BILLION EUROS goes fast when you are fighting a war. But Germany’s announcement on April 15th that it would give around that sum in additional military aid to Ukraine may at least soften criticism of its failure to send tanks. It is part of a recent wave of pledges to provide Ukraine with heavy weapons. Two days earlier America promised $800m in new aid, including armoured personnel carriers and helicopters.
From a historical perspective such worries seem misplaced. Take the offer of MiG-29s. During the war in Vietnam, dozens of American planes were shot down by North Vietnamese fighter jets furnished by the Soviet Union. In addition to aircraft, North Vietnam received vast numbers of tanks, missiles and artillery pieces from its Soviet and Chinese patrons, and used them to kill thousands of American soldiers.
This has not always been the case. International law, as it developed in Europe beginning in the 17th century, required countries that wanted to stay out of others’ wars to observe strict neutrality. That meant they had to trade equally with both sides of a conflict, as Oona Hathaway and Scott Shapiro, professors at Yale Law School, explained in a recent article. Supplying arms to one side only, or favouring its trade, could make their ships fair game for attack by the other.
To many analysts, legal definitions of neutrality or co-belligerency seem irrelevant. If Vladimir Putin, Russia’s president, decides not to target NATO convoys supplying arms to Ukraine, it will not be because of the persuasive force of international jurisprudence. Yet by the same token, it is naive to imagine that supplying only portable missiles would lead Mr Putin to exercise restraint.
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