Australia, and other States parties to Additional Protocol I to the Geneva Conventions of 1949 are required under Article 36 to determine whether the employment of new weapons, or means or method of warfare, would, in some or all circumstances be prohibited by Additional Protocol I or any other rule of international law applicable to …
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 …
… according to AP I, States have an obligation, “in the study, development, acquisition or adoption of a new weapon, means or method of warfare,” to “determine whether its employment would, in some or all circumstances,” be prohibited.40 This norm, although being less strict than some States wished during the negotiations of AP I,41 already …
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 …
