The 2019 [GGE] adopted 11 guidelines reflect that “in accordance with states’ obligations under international law, in the study, development, acquisition or adoption of a new weapon, means or methods of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by international law”. This underlines the importance of human responsibility during the phases preceding the deployment of [a] weapons system, particularly for highly complex systems with autonomous functions. The configurations determining the capabilities and also the behaviour of the systems on the battlefield originate in the development phase. Germany implements this provision, which is bound by Article 36 of [AP I]. The procedure of weapons reviews in accordance with Article 36 is formalised in the German Armed Forces Central Service Regulation. In the context of emergent technologies in the area of LAWS, particular attention must be paid to modifications to the weapon system. Whenever modifications to a given system, such as changes to its software, are likely to change the behaviour of the system in a way that affects the application of international law, the system must be subjected to a weapons review to be carried out according to the Bundeswehr Central Service Regulation.
Statement by Germany under agenda item 5, topic (9 March 2023, transcript)
