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 …
While national legal reviews of new weapons may be a starting point, in the absence of a common definition on LAWS and global regulations, national reviews conducted based on inconsistent interpretations may not fully addressed the seriousness of the threats posed to humanity by LAWS. Statement by Sri Lanka under agenda item 5: General debate …
We see the legal framework for reviewing new weapons, means and methods of warfare, under Article 36 of [API], as being of particular importance in ensuring this compliance. We should not overlook or under-value article 36 reviews. Australia would like to encourage in-depth discussion of Article 36 reviews. As a party to [API], Australia fully …
The legal framework necessary to ensure that any new weapons including LAWS, will be used in compliance with the provisions of International Law has already, been provided by Article 36 of [AP I] and, of course, by the Martens Clause. Statement by Greece under agenda item 5: general debate (GGE LAWS, 9 April 2018)
… we would like to underline the importance of conducting legal reviews of new weapons, means and methods of warfare. We found the working papers on article 36 reviews, as well as on ensuring compliance with [IHL] presented to the meeting of the GGE very useful. Sweden fully shares the views expressed in the papers …
1. Article 36 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (Additional Protocol 1), provides: “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an …
I. Introduction 1. International humanitarian law (IHL) aims at limiting the suffering engendered by war and mitigate its effects. To that end, IHL has become a complex set of norms comprised of six main treaties, additional treaties and a dense framework of customary norms that restrict the violence in time of war. This normative structure …
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, …
… 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 …
Development and use of LAWS should remain in compliance with the international law, in particular with the [IHL] and the international human rights law. According to Article 36 of [API] states should determine the lawfulness of any new weapon or means or method of warfare before it is used in armed conflict. Conducting legal review …
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 …
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 …
11. … Assessment, evaluation and revision of both the system and the surrounding political, strategic, operational and tactical ‘wrap’ is a continuous cycle rather than a linear, sequential process and a combination of factors are required to ensure human control at the appropriate points. These include, but are not limited to: … UK conducts Article …
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 …
La Belgique considère qu’il est important de poursuivre les échanges sur la mise en œuvre de l’art.36 du 1er Protocole additionnel aux Conventions de Genève et l’obligation d’évaluer la licéité de toute nouvelle arme. Mon pays plaide pour l’universalisation de cet instrument et de la mise en œuvre de cette obligation, et est disposée à …
32. We also recommend a proactive approach in addressing issues in human-machine interaction. States seeking to develop new uses for autonomy in their weapons should be affirmatively seeking to identify and address these issues in their respective processes for managing the life cycle of such weapons. For example, DoD Directive 3000.09 requires senior officials to review …
[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)
We have a powerful instrument at our disposal to ensure that we do not put into service non IHL compliant weapons. This is Article 36 of [AP I] on the evaluation of the lawfulness of all new weapons. Belgium has put this instrument into practice and we remain ready to share our views regarding the …
Regarding different proposals on a political declaration, code of conduct and other voluntary measures, including weapons review process, as well as the establishment of a Committee of Experts, NAM believes that these measures cannot be a substitute for the objective of concluding a legally binding instrument. General principles on Lethal Autonomous Weapons Systems: Submitted by …
5. Article 36 of [API] requires States to determine whether new weapons, means or methods of warfare may be employed lawfully under International Law. The United Kingdom takes this very seriously, and has published its weapons review procedures online in a document that sets out how the UK fulfils its Article 36 obligations. We hope that …
