37. The Legal Affairs Directorate of the Federal Ministry of Defense is responsible for Federal Armed Forces issues within the area of legal competence of the ministry. In the framework of the review process, the directorate has due regard, inter alia, to the “Manual regarding a test of compliance with international law at the initial …
To verify compliance with the two rules listed above [ie, prohibition of indiscriminate weapons and weapons that cause unnecessary suffering], a State intent on fielding a new weapon must conduct a thorough legal review. This requirement for a legal review, which appears in Article 36 of Additional Protocol I, ensures that the weapon is not …
With respect to possible approaches to the implementation of the weapons review process, we would like to share our respective national format. In order to foster the implementation of the obligation under Article 36 AP I, Germany has established a Steering Group “Review of new Weapons and Methods of Warfare” within the German Federal Ministry …
Technology develops in unforeseeable ways and comes in virtually unlimited varieties of shapes and modes of action. Fundamental principles of International Humanitarian Law in tune with this challenge avoid for good reasons specifications of particular technologies. The general-abstract approach of International Humanitarian Law keeps it applicable also to future technologies by focusing on effects of …
A number of delegations including Germany have already presented the general outline of their national legal review procedures under Article 36 AP I during this week. We see merit in elaborating further on the idea to share national regulations in this regard, to look for common standards and to discuss specific procedures for detecting transgressions …
We believe that this GGE should consider exploring concrete options for transparency and confidence building. In our view voluntary measures that could increase confidence between States and enhance compliance with the existing regulations such as Article 36 of [AP I] include establishing transparency and facilitating the identification of best-practices in conducting weapons reviews of future …
C. Options for transparency and confidence building 9. Voluntary measures that could enhance compliance with the existing regulations (Article 36 of [AP I] on weapons reviews) and increase confidence between States include: (a) Establishing transparency and facilitating the identification of best-practices in conducting weapons reviews (Article 36) of future LAWS; (b) Allowing, on a voluntary …
Fourthly, without LAWS being a reality yet and without even a definition of LAWS transparency and confidence building measures especially with regard to the introduction of new weapons systems are of crucial importance. We should therefor make full use of the process of Legal Weapons Review in accordance to Art 36 AP I in sharing …
Technology develops in unforeseeable ways and comes in virtually unlimited varieties of shapes and modes of action. Given this challenge, it is for good reason that the fundamental principles of international humanitarian law avoid specifying particular technologies. The general, abstract approach of international humanitarian law maintains its applicability, also to future technologies, by focusing on …
Could it be possible to create more transparency about national policies with regard to new weapons systems as well as transparency about the mechanisms to text and validate these weapons systems before deployment? The Article 36-reviews may play an important role. Statement Wrap-up Session by Michael Biontino (16 May 2014)
Legal/Ethical Issues […] Suggested Measures to mitigate adverse Security Policy Effects of LAWS: Developing effective national weapons review mechanisms for LAWS […] Statement delivered by Germany on Security Dimension and Options (GGE LAWS, 13 April 2018)
Only weapons that are operated in compliance with IHL are acceptable means of warfare. This might, as it is widely agreed on, only be assured as long as humans retain the sufficient control, at least over the critical functions of the weapons they operate, to the extent necessary to ensure compliance with IHL. In that …
b. Weapon Reviews Under the provisions of Art. 36 AP I, all contracting parties are obliged, when studying, developing, acquiring or adopting a new weapon, means or method of warfare, to determine whether its employment would, in some or all circumstances of employment, be prohibited by AP I or by any other rule of international …
The obligation to take precautions in attack is complemented by the obligation to conduct weapon reviews of any new means or method of cyber warfare to determine whether its employment would, in some or in all circumstances, be prohibited by international law. The findings of such reviews, to the extent that they identify legal constraints …
The obligation to take precautions in attack is complemented by the obligation to conduct weapon reviews of any new means or method of cyber warfare to determine whether its employment would, in some or in all circumstances, be prohibited by international law.96 The findings of such reviews, to the extent that they identify legal constraints …
Germany reaffirms that Guiding Principle (e) underlines the importance of human responsibility during the phases preceding the deployment of a weapon system. Particularly for highly complex systems with autonomous functions, the development phase is of crucial importance since the configurations determining the behavior of the systems originate in this phase. Guiding Principle (e) reflects Article …
The 2019 [GGE] adopted 11 guidelines reflect that “in accordance with states’ obligations under international law, in the study, development, acquisition or adoption of a new weapon, means or methods of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by international law”. This underlines the importance of …
B. In order to operationalize the two-tier approach, the HCP should: (b) Commit to only develop, produce, acquire, modify, deploy or use lethal weapons systems featuring autonomy when the following provisions are fulfilled: i. compliance with international law is ensured when studying, acquiring, adopting or modifying (legal review — see guiding principle e) and using …
II. Operational Framework 3. To operationalize the principles enshrined in the normative framework, the High contracting Parties could agree on a compilation of measures and policies, to be implemented at national level: … (b) To operationalise the general provision 2c, an appropriate/sufficient scheme of human control considered during the whole life cycle of the system, …
