The EU is set to hand over funds earmarked for “peace building” and development to armed forces in Africa and the Middle East, overriding concerns from its legal services that such a move breaks the bloc’s laws.

Brussels is proposing to change the rules of its €2.4bn “Instrument Contributing to Stability and Peace”, which normally focuses on programmes such as maternity healthcare in Syria, to allow funds to be spent on military equipment and training in developing countries.

The amendment will be put forward by the commission on Tuesday, and comes after heavy lobbying in favour of such a move by member states.

The draft proposal from the European Commission seen by the Financial Times states that these funds “may be used to build the capacity of military actors in partner countries” in some circumstances.

The EU has attempted to align its development policy with its foreign policy in recent years with an increased focus on security, in a move that has been welcomed by the likes of Berlin and Paris but sharply criticised by some human rights groups.

EU lawyers have repeatedly expressed doubts about combining development aid and security policy in a series of private letters also seen by the FT.

“The financing of the military in the sense of military capacity-building … cannot be part of both the Union’s development co-operation policy and its [security policy] at the same time,” warned the commission’s legal service in a letter to the official overseeing the reforms seen by the FT.

The letter adds: “At least for interventions in developing countries, the [EU’s] treaties have not provided the necessary powers to finance the military of third countries”.

Two other legal analyses — from the European Commission and the Council — also cast doubt on the scheme’s legality, according to documents seen by the FT.

An EU official said: “The commission’s proposal will, as any commission proposal, be based on sound legal grounds, in accordance with the Legal Service of the commission.”

According to the draft, which will also proposes giving the “stability and peace” programme an additional €100m in support only if civilian means are unavailable.

Such a move would also require “consensus” support from member states or “the international community, for instance via a UN Security Council resolution. The money would not be allowed to finance the “procurement of arms and ammunition”.

Although the commission’s lawyers suggested that the “delivery of development services” could be done through the military “in exceptional circumstances”, the draft contains a broader definition with the military involvement allowed in order to “reach Union objectives”.

The EU official added: “Development and security go hand in hand — there cannot be any development without security and stability,” said one EU official.

Brussels has in general proven willing to use aid and investment in order to win over countries in the Middle East and Africa who may prove willing to help the EU cope with issues such as migration.

The commission last month unveiled a plan to hand out extra aid and make up to €62bn of investment available for countries that work with the EU to reduce the flow people entering Europe.

Similar deals have already been struck with Turkey, which will receive €6bn in aid and visa-free travel for its citizens, for its part in stopping migrants and refugees crossing the Aegean to Greece.

Both these measures have attracted stiff criticism from NGOs, who argue that they were immoral and even broke international laws. Supporters of the schemes argue that they are perfectly legal as well as extremely effective.