16. In compliance with Article 36 Additional Protocol I every new weapon, means or method of warfare is made subject to an examination with the purpose of determining if its employment would be in some or all circumstances prohibited according to Additional Protocol I or according to any other internationally or nationally binding norm. Responses …
The basis for the assessment of lawfulness of new weapons is inter alia enshrined in Article 36 of [AP I]. We encourage all States to strenuously conduct legal weapon reviews for all possible future weapons. Statement by Austria: General Debate (GGE LAWS, 13 November 2017)
There seems to be convergence of views on the importance and the merits, but also limitations of article 36. Weapon reviews constitute a critical national implementation mechanism to establish the legality of weapon, means or method of warfare. Article 36 is very valuable in that respect but to complete the picture we should not forget …
The legal weapon review outlined in Article 36 of the Geneva Additional Protocol of 1949 requires that “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by …
… Lastly, we wish to address the issue of national weapon reviews, also referred to as Article 36 weapon reviews. The objective of these reviews is explicitly mentioned in our last years guiding principles. There seems to be convergence of views on the importance and the merits, but also limitations of article 36. Weapon reviews …
We share the view expressed earlier that artificial intelligence and self-learning elements raise questions as to how frequently do an [AWS] would need to be reviewed. Weapons reviews are important measures to review the legality of new weapons. Weapon reviews are helpful to establish, whether a weapon per se would be permitted or not — …
As outlined by the address before in this discussion, the conduct of legal reviews is an existing obligation under Article 36 of [AP I], reaffirmed in our context for Guiding Principle (e). It is the task of our expert group to give additional guidance on how it applies in the case of [AWS] taking into …
4. It is also a requirement throughout research, development, acquisition and use of [AWS] to constantly review and reassess any possible changes and modifications in the system’s functioning with regard to fulfilment of the conditions listed above. This should include technical aspects such as ‘machine learning’ and any datasets upon which system functions are based. …
Argentina, Austria, Belgium, Chile, Costa Rica, Ecuador, Guatemala, Ireland, Kazakhstan, Liechtenstein, Luxembourg, Malta, Mexico, New Zealand, Nigeria, Panama, Peru, Philippines, Sierra Leone, Sri Lanka, State of Palestine, Switzerland, Uruguay
1. This Working Paper sets out the following considerations and elements for the future work of the Group. The GGE should: … 13. Recall the obligation for States to conduct national weapon reviews, as codified in Article 36 of Additional Protocol I to the Geneva Conventions, to determine, in the study, development, acquisition or adoption of a …
IV. Weapons Reviews Weapons reviews, including art. 36 reviews, will continue to play an important role in weapons development. In the evaluation of weapons systems based on emerging technologies in the area of LAWS, key challenges in the regulation and the nature of the systems should be considered, through a regular evaluation process, which should …
[W]e also support to switch out “employment” to “development and use”. The whole life-cycle issue has been discussed also since a long time and this is something we definitely support. It is important as what we are doing here is upholding IHL, and IHL does not only apply to the use of force but it …
