Positions of Italy

… international humanitarian law continues to apply fully to all weapons systems, including the potential development and use of LAWS. To this aim, conducting legal reviews of weapons, means and methods of warfare, in accordance with art. 36 of the Additional Protocol I to the 1949 Geneva Conventions remains essential. In Italy, the legal basis …
I believe that the starting point should remain a common, shared recognition that our engagement towards the full implementation of, and respect for, the rules and principles of IHL must stand firm independently of the specificity of any weapons system. I am referring not only to the rules on the conduct of hostilities but also …
We also welcomed the shared reiteration that rules and principles of [IHL] must apply to all weapons systems, including LAWS. We continue to believe that our engagement towards the full implementation of, and respect for, the rules and principles of IHL must stand firm independently of the specificity of any weapon system. This includes the …
… in compliance with the guiding principle “e”4, the level of predictability and reliability of a weapon system must be assessed in the phases of testing, verification and certification, given that autonomous functions must be defined ex ante, starting from the stage of requirement, analysis and procurement. This encompasses, also, the obligation to conduct legal …
b. The procedure for evaluating new types of weapons According to art. 36 of the 1977 First Additional Protocol to the Geneva Conventions, States parties have an obligation to determine whether a new weapon under development, acquisition or adoption process could violate IHL59. This obligation applies both in times of peace and armed conflicts and …
In addition to these principles, Art. 35 of Additional Protocol I to the Geneva Conventions reaffirms that methods and means or warfare are not unlimited, a concept that is operationalised by art. 36, which imposes an obligation on States parties to ensure unlawful weapons are not used. Weapons review processes are the mechanism to ensure …