The European Union and Famine Crimes in Yemen : A Case Study of EU Arms Export to Saudi Arabia

Abstract: The humanitarian crisis in Yemen is a man-made famine. The concept of famine crimes has been introduced to problematise and criminalise conduct that leads to the creation of famine. According to an analytical framework proposed by Marcus (2003) there are four categories of famine crimes, which constitute four degrees of conduct through which famines are created, sustained or not prevented. A pivotal role in the creation of the famine in Yemen is played by Saudi Arabia, that relies on the import of military equipment to conduct a military intervention in Yemen. Through Common Position 2008/944/CFSP, the European Member States committed themselves to eight criteria against which arms licence applications are tested. This aims to prevent arms deliveries to questionable receivers, yet various EU Member States export military equipment to Saudi Arabia. In this thesis, the famine crimes framework is applied to foreign actors in a case study of the EU arms trade to Saudi Arabia between 2015 and 2019. The research project answers the question: what insights about the European Union’s role in the creation of famine in Yemen can be gained from the application of the famine crimes framework to the European Union’s arms trade to Saudi Arabia? Since Saudi Arabia violated international humanitarian law in Yemen and used EU-produced arms to do so, the Common Position requires EU Member States to pursue restraint in arms export to Saudi Arabia. Accordingly, the number of licences that were approved by European Member States, as well as their value, declined after 2015. However, there were notable fluctuations and the Member States adopted differing approaches. As such, the EU as a collective body appeared unable to prevent arms exports to Saudi Arabia. In the application of the famine crimes framework, it becomes clear that this inability can be interpreted as a famine crime.Altogether, this exploratory study provides insights into the role of foreign actors in the creation of famine by applying the famine crimes framework. Further research on the extent to which the EU as a collective body could enhance compliance with the Common Position and prevent exports to questionable receivers could be performed to better categorise its conduct within the framework. Further research could also explore the role of other foreign actors and apply the famine crimes framework to other case studies.