33. Switzerland has implemented a review mechanism within the defence structure. At the beginning of a procurement process, the IHL section of the staff of the chief of the armed forces is consulted by the organization in charge for the procurement project. The IHL-section may formulate specific requirements for tests during the evaluation process; it …
Dans le domaine juridique, nous relevons également l’importance attachée à la thématique de l’examen juridique des méthodes et moyens de guerre lors de nos discussions. Il s’agit là certainement d’un sujet central à préciser plus avant, tout comme la thématique de la responsabilité et la manière de la garantir en tout temps. Final Statement by …
Le fait de posséder une base légale solide ne devrait pas pour autant nous amener à faire preuve de complaisance. Bien au contraire, certains aspects légaux doivent être réaffirmés et soulignés. Une question devra notamment être abordée : celle de savoir si la réalisation des examens juridiques des nouveaux armements, moyens et méthodes de guerre …
I. Summary 1. Limitations on the choice of methods and means of warfare can already be found in the oldest sources of international humanitarian law and were repeated and re-established in article 35 of the First Additional protocol (AP1). The preamble of the Convention on Certain Conventional Weapons refers to this article 35 as a …
19. Under IHL, the substantive rules described above are complemented by a procedural rule. As with any other weapon, means or method of warfare, States have the positive obligation to determine, in the study, development, acquisition or adoption of any [AWS], whether their employment would, in some or all circumstances, contravene existing international law. In …
… with regard to legal reviews, there appears to be consensus that autonomous weapon systems qualify as weapons in the sense of Article 36 of Additional Protocol 1 and are the subject to a new weapons review process like any other weapon. In this regard, I would simply like to refer to the working paper …
22. Under IHL, the substantive rules described above are complemented by a procedural rule. As with any other weapon, means or method of warfare, States have the positive obligation to determine, in the study, development, acquisition or adoption of any AWS, whether their employment would, in some or all circumstances, contravene existing international law. In …
In this context, the obligation to conduct legal reviews is central to discussions on autonomous weapons systems. We see a number of challenges related to autonomous weapons systems distinct from traditional weapons reviews. Specifically, the question is how such systems and their specific characteristics can be meaningfully tested. Beyond the purely technical challenge of assessing …
As with any other weapon system, States must ensure that the development and use of LAWS are in compliance with existing international law. In this regard my delegation considers the duty to conduct legal reviews in the study, development, acquisition or adoption of a new weapon, means or methods of warfare as an important element …
Le domaine de la transparence pourrait constituer un domaine idéal pour le développement de premières mesures concrètes, et auraient en sus l’avantage de contribuer à éclairer les discussions futures sur la thématique. La question de l’examen au niveau national de la licéité de nouvelles armes, y inclus tout nouveau système d’arme, au regard du droit …
Arguably, it might be possible in the future, to exert already a significant level of [human] control in the development and programming phase…Through legal reviews the capability to use a given system, in all or some circumstances, in compliance with international law can be verified. Statement by Switzerland under agenda Item 6(b): further consideration of …
A first example for concrete work in the CCW — whether triggered by a political declaration as just referred to, or by a more specific GGE mandate — are weapons reviews: This week showed again the centrality of the obligation to conduct legal reviews in the area of [AWS]. The GGE could Statement by Switzerland …
[A political declaration] could spell out a number of measures such as transparency, legal reviews, best practices, technical standards or other policy measures. Statement by Switzerland under agenda Item 6(d): possible options for addressing the humanitarian and international security challenges (29 August 2018)
Key elements of such a [political] declaration [by the CCW] could include: … In view of ensuring compliance, a reaffirmation of the obligation to review new weapons and to determine whether their employment would, in some or all circumstances, contravene existing international law; … Still with a view to ensuring compliance, work towards best practices, …
4. Weapons Reviews An implementation of IHL in good faith requires an assessment whether means and methods of warfare can be used in conformity with IHL prior to their employment in international as well as non-international armed conflicts. Conducting legal reviews, as specified in article 36 of [API], constitutes an important element in preventing or …
3.2 Procedure for assessing new weapons IHL legal framework Article 36 of Protocol I additional to the Geneva Conventions, which partly reflects customary international law,27 provides that in the study, development, acquisition or adoption of a new weapon, means or method of warfare, every state party is required to assess the extent to which it …
States and parties to a conflict have an overarching obligation to “respect and ensure respect” for IHL “in all circumstances”. It is uncontested that preparatory measures must be taken to implement IHL and that its implementation needs to be supervised. This requires states and parties to a conflict, inter alia, to take measures to ensure …
Switzerland would like to recall the obligation of all States to “respect and ensure respect” for IHL (see common Article 1 to the Geneva Conventions) and the prohibition to use means and methods of warfare in contradiction to IHL. Therefore, an implementation of IHL in good faith requires an assessment whether means and methods of …
We are pleased to note that almost all proposals and working papers on the table stressed the importance of legal reviews of weapons. While not the sole solution for the challenges associated with increasing autonomy and weapon systems, legal reviews are a crucial instrument and thus can be part of the solutions, as you outlined …
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 …
