10. As an example in relation to this, we could mention the procedure of reporting on security and defence policy, which presents e.g. military threats, grounds for the development of the defence system as well as supporting society and the effects of international (humanitarian) conventions on military doctrine (e.g. the Ottawa Convention). Responses to Document …
5. It is clear that CIDA’s opinion covers not only measures planned for use but also measures applicable to the design of such munitions/submunitions. These views are reproduced below as being of interest. … (vii) In all projects for and designs of new weapons, the Argentine Republic has carried out the checks called for under …
18. The mechanism of reviewing the legality of new weapons is regulated by the Article 19 of the Law on Production, Overhaul and Trade of Armament and Military Equipment (“Official Gazette” No. 33/02 and 173/03) in which it is stated: “the armament and military equipment may be put in trade on the condition that there …
33. The Norwegian Minister of Defence appointed in 2003 the so-called “Norwegian Chief of Defence International Law Committee”. This committee is responsible for assisting the Chief of Defence in legal reviews during the process of developing, acquiring or adoption of any new weapons, methods or means of warfare, to determine whether their employment would in …
14. In accordance with article 36 of Additional Protocol No. 1 to the Geneva Conventions, a commission has been set up in the Belgian armed forces to evaluate new weapons, means and methods of warfare from the legal standpoint. 15. The Commission’s task is to advise the Defence Chief on all new weapons, means and …
37. The Legal Affairs Directorate of the Federal Ministry of Defense is responsible for Federal Armed Forces issues within the area of legal competence of the ministry. In the framework of the review process, the directorate has due regard, inter alia, to the “Manual regarding a test of compliance with international law at the initial …
9. At the moment Estonia does not possess such mechanism of review. If needed, such analysis will be done on a case-by-case basis to maximize compliance with IHL. Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from Estonia (7 November 2005) CCW/GGE/XII/WG.1/WP.5
9. In 1974 the Government established a Delegation for International Humanitarian Law Monitoring of Arms Projects (see Ordinance concerning monitoring of arms projects in accordance with the requirements of international law, 1994:536). Its task is to examine all weapon projects not only with respect to IHL but also in relation to other applicable international law. …
8. … The Netherlands has a review mechanism based on the requirements of Article 36 of AP1 which reviews both methods and means of warfare to ensure their compatibility with international law, including IHL. The mechanism was set up by Ministerial Decree of the Minister of Defense and consists of a reviewing committee supported by …
29. The United States does have a mechanism to review the legality of new weapons. Pursuant to DOD Directives and Military Department regulations, a legal review is required for every new or modified weapon or weapons system. In 1974, the first DOD Directive on this subject was issued. In 1991, a new directive was incorporated into …
The Russian Federation attaches great importance to efforts to create a mechanism to ensure that evolving arms systems comply with IHL. In order that the features of new types of weapon are in keeping with international treaties, it is planned to set up a special commission whose tasks will include that of evaluating currently used …
1. The United Kingdom recognises that all explosive munitions are capable of becoming Explosive Remnants of War. This is because all explosive ordnance is capable of failing to explode as intended. The United Kingdom therefore considers that the question relates to the use of all explosive munitions, including cluster munitions, during an armed conflict. When planning …
31. In each Force there is a sectors responsible for the continuous review of military doctrines, which includes the need to assess the legality of new methods and means of warfare. Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from Brazil (12 September 2005) CCW/GGE/XII/WG.1/WP.1 and Correction (6 October 2005) …
30. Canada views the review process of weapons systems for IHL compliance to be an important topic in any discussion of the wider or more specific aspects of IHL implementation. In accordance with Article 36 of Additional Protocol I, Canada conducts legal reviews during the process of developing, acquiring or adopting any new weapons, munitions …
16. All Defence Forces personnel engaged in weapons procurement and formulation of militarydoctrine have access to military legal advice. Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from Ireland (10 February 2006) CCW/GGE/XIII/WG.1/WP.3
14. Weapon review compliance is also an issue taken seriously by the Australian Defence Force. An Instruction dealing with the legal review of new weapons came into force on 02 June 2005. This requires the legal review of all proposed new weapons to determine whether their intended use in combat is consistent with the Australian …
16. Unfortunately, the legal service of the Czech Armed Forces is currently not explicitly tasked to review legality of any new weapons. This is made rather on ad-hoc basis or within military and industrial testing. Therefore, this is an area, where a system improvement is desirable and planned. Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and …
14. Although Japan does not have a specific mechanism solely for the review described in the question, it considers it obvious that Japan should implement the obligation in Article 36 of the Protocol I and review the legality of new weapons. Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from …
8. Yes. The applicable international instruments adopted by Portugal are taken into consideration in armament acquisition programs. The legal instruments are the national decrees transposing those instruments into the Portuguese law system. Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from Portugal (17 February 2006) CCW/GGE/XIII/WG.1/WP.6
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 …
