What measures have been taken by your State to implement those existing principles of international humanitarian law that are considered by your State as relevant to the use of munitions, including submunitions, that may become ERW?
In answering this question, States may like to address, among other issues, the following specific questions: …
(v) Does your State have a mechanism to review the legality of new weapons, methods of warfare and military doctrine? (If yes, what is the legal basis for those systems?)
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 and means or methods of armed conflict to determine whether their employment would in some or all circumstances be prohibited under IHL.
31. This presently occurs on an ad hoc basis. However, the Canadian Forces is currently in the process of creating a formalized, structured and systematic process to ensure that any weapon system it develops, acquires or employs is not prohibited by IHL, including the various weapons treaties that Canada has signed and ratified. This particularly includes prohibiting the employment of any weapon that causes superfluous injury or unnecessary suffering or that may have an indiscriminate effect. To this end, in February 2005, Canada held a workshop with invited representatives from States that have created a formalized Article 36 mechanism. This event has contributed greatly to Canada’s creation of a weapons review process, and we are proceeding apace with the maturation of the review process.
Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from Canada (29 June 2005) CCW/GGE/XI/WG.1/WP.2
