2 September 2026
We welcome the paragraphs in this section. In particular, we support the inclusion of the paragraph on legal reviews, as well as the language in your additional suggestions, which aligns with existing IHL language in Article 36 of Additional Protocol I. We also echo the remarks made by Pakistan and the UAE on the importance …
2 September 2026
On paragraph 39, my delegation supports the Article 36 review obligation as it is currently drafted. We would note and welcome also sub-paragraph (b) of 39, which extends review to further development and modification affecting the identification, selection and engagement functions or the anticipated effects.
2 September 2026
But we do still have concerns about sub-paragraph [39(b)]. We feel that this little paragraph is superfluous because it is covered by the understanding of a legal review itself, which foresees following the procedure that’s described under the circumstances that are mentioned in subparagraph right now. So we would prefer removing subparagraph in full.
2 September 2026
Let me now turn to para 39. At the request of several states, this para has been brought in line with the exact wording of Additional Protocol I, Article 36. The original formulation was intentionally kept shorter as the chapeau already refers to the life cycle of laws, thereby making explicit references to their study, …
2 September 2026
Legal review is a key issue for Sweden and therefore we consider that para 39(a) is an essential part of the text. We welcome the changes made in paragraph 39(a) of the Chair’s additional suggestions with the proposed insertion in the study, development acquisition or adoption of laws.
2 September 2026
On [paragraph] 39, we believe that legal reviews are necessary to identify in advance the private use and the necessary conditions in order to ensure the compatibility of laws with IHL. In this respect, we support the current language of the text and the subparagraph.
2 September 2026
As for paragraph 39, We recognize that this paragraph largely reflects the duty found in Article 36 of Additional Protocol I. Some States, acting in their sovereign right, chose not to join the Protocol. However, we also know that some States not parties to the Protocol have developed effective review procedures, while some States that …
2 September 2026
Regarding paragraph 39, Armenia attaches importance to retaining a clear reference to legal reviews in paragraph 39. Effective legal review procedures are an important safeguard for ensuring that the development and use of laws remain consistent with applicable international law. We remain flexible as to the precise formulation with a view to accommodating different legal …
2 September 2026
Now, that being said, let’s make the following comments. On paragraph 39(a) and the first sentence on legal reviews, the inclusion of study, development, acquisition or adoption. Now, we know that a good number of delegations have made this request time and again relating to its reference in other protocols. Now, we don’t have any …
3 September 2026
With your indulgence, I will also come back to the paragraph on legal reviews. In that regard, we also recall the adoption of guiding principle (e) in 2019 and the language contained in there, and we are open to study the proposal of the US delegation on the chapeau in this regard, but we would …
3 September 2026
On this paragraph, having heard the comments of other delegations, I think that you’ve done a titanic effort to achieve a balance in the chapeau and in the subparagraphs. Now we’ve heard the argument that if the obligations to carry out legal reviews and this issue of ratification or non-ratification of the protocol, additional protocol, …
3 September 2026
In paragraph 38, it is suggested that the modification is being reviewed for compliance with IHL, as opposed to the impact of the modification on the system’s ability to be used for compliance with IHL. It is also clear that the preceding subparagraph reflects article 36 language in relation to employment and whether this would …
3 September 2026
Paragraph 38 still requires States to conduct legal reviews in the study, development, acquisition or adoption of laws, language drawn directly from Article 36 of Additional Protocol I. As we’re not party to that protocol, we cannot accept treaty-specific language in a set of elements reflecting common understanding among all States. We reiterate our request …
2 September 2026
Regarding paragraph 39, we support the importance of legal reviews, including where subsequent modification may affect identification, solution and engagement function of the and anticipated effort of system regarding in terms of substantial impact. We believe that may material effect could be could provide the great clarity.
3 September 2026
We attribute particular importance to preserving provisions regarding legal reviews, including in the case of notifications or substantive modifications to existing systems.
3 September 2026
We welcome in particular the retention of the crucial role of human judgment, human responsibility and accountability, a responsible human chain of command and control, legal reviews as well as safeguards concerning reliability and bias. We consider these important elements for ensuring the responsible use of LAWS in accordance with applicable international law.
2 September 2026
Now, paragraph 39. We welcome the clarification that there must be legal reviews during the review, acquisition and adoption cycle of laws. At the same time, just like other delegations, we believe that it is important to keep sub-paragraph of 39, recognising that subsequent changes affecting the functions of identification, selection and engagement and attack …
2 September 2026
On paragraph 39(a), the UK supports the inclusion of legal reviews within the measures. This group has long recognised the important role of legal review of weapons, not only in Guiding Principle (e), but also in its reports and working papers, which have considered the lawfulness of use across the life cycle of laws. At …
2 September 2026
… on legal reviews in para 39, we want to suggest a minor editorial reordering of the chapeau dealing with the legal reviews. The chapeau part should start as follows which is “in accordance with their existing obligations under applicable international law, states must across the life cycle of LAWS”, and then we can continue …
31 August 2026
… paragraph 39 now incorporates language directly drawn from Article 36 of Additional Protocol I. As my delegation is not party to that instrument, we cannot accept language that imports treaty-specific obligations into a document intended to reflect common understanding among all states, including non-parties. …
