Positions expressed in UNGA Res 78/241

The draft Protocol includes a preamble and eight (8) articles: (1) General Provisions, (2) Characterization, (3) Prohibitions, (4) Regulations, (5) Review of Weapons, (6) Risk Mitigation, (7) Compliance, and (8) Consultations of High Contracting Parties …. [Annex: CCW/GGE.1/2023/WP.6] Submission by Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Kazakhstan, Nigeria, Panama, Peru, the …
In 2018 and 2019, Argentina presented documents CCW/GGE.1/2018/WP.2 and CCW/GGE.1/2019/WP.6, highlighting the existing obligations to conduct weapons assessments under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions of 1949[.] Argentina – Contribution Res. 78/241 (24 May 2024)
Legal review of LAWS 22. Legal reviews are a critical safeguard for ensuring all weapons systems are capable of being used in compliance with IHL. A legal review (often referred to as a ‘weapons review’) is the process by which States determine the lawfulness of any new weapon, means or method of warfare, before it …
Therefore, it should be in the interest of States and private companies to draw clear standards, in order to avoid exposure to legal risk as a consequence of violations of IHL committed with the use of AWS that they have developed, produced, acquired or deployed. Brazil’s Submission on Autonomous Weapons Systems in Response to the …
In accordance with Article 36 of Additional Protocol I to the Geneva Conventions, Canada conducts national legal reviews of new weapons, means or methods of warfare, to ensure IHL compliance. Canada ensures this necessary element first through its national legal reviews of all new weapons, which ensure that weapons systems meet Canada’s international legal obligations. …
Particular importance is attached to the conclusions contained in the Report of the 2023 session of the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems which state inter alia that:- … “In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a …
6. Legal review (a) In the study, development, acquisition or adoption of a new weapon, means or method of warfare, it must, in accordance with the obligations of states under international law, be determined whether their use/employment is prohibited by international law in some or all circumstances. In particular, with regard to legal reviews, Article …
17. Weapons reviews4 are an important part of national obligations to respect and ensure respect for IHL, and New Zealand supports their strengthening. While weapons reviews are necessary for AWS, New Zealand sees these as insufficient on their own to address concerns about AWS and should be supplemented with specific rules and limits. While there is …
7. Weapons review. A crucial implication of the applicability of international law is that states have an obligation to undertake national weapons review. In the study, development, acquisition, or adoption of any new weapon, means or method of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by …
14. Sri Lanka welcomes adoption of non-binding voluntary measures such as Codes of Conduct and political declarations on the use of AWS as progressive developments. However, such measures would only be of complementary value strengthening the normative framework on the issue given their insufficiency to address serious legal, ethical and security challenges involved. Similarly, legal reviews …
Review process States are obligated to determine whether the employment of a new weapon would be prohibited under international law. In Sweden, this is carried out by the Delegation for International Humanitarian Law Monitoring of Arms Projects. All defence-related authorities must, without delay, report to this delegation any proposed project that involves the study, development …
[…] existing international humanitarian law (Article 36 “New Weapons” of the First Additional Protocol to the Geneva Conventions, signed on 12 August 1949) provides that “in the research, development, acquisition or adoption of new means or methods of warfare, a High Contracting Party shall be under an obligation to ensure that their use is not …
The 1977 Additional Protocol I (AP I) to the Geneva Conventions of 1949 also contains an important obligation regarding conduction of legal reviews during the study, development, acquisition or adoption of new weapons. Meanwhile, the article 36 does not contain any provisions on how exactly legal reviews should be conducted and does not impose an …
[U]nder IHL the right of the Parties to a conflict to choose methods or means of warfare is not unlimited. This is emphasised by the obligation on States, under Article 36 of Additional Protocol I to the Geneva Conventions, to determine whether the employment of a new weapon, means or method of warfare would, in …
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 …