… in compliance with the guiding principle “e”4, the level of predictability and reliability of a weapon system must be assessed in the phases of testing, verification and certification, given that autonomous functions must be defined ex ante, starting from the stage of requirement, analysis and procurement. This encompasses, also, the obligation to conduct legal reviews of weapons, means and methods of warfare, in accordance with art. 36 of Additional Protocol I to the Geneva Conventions. In this regard, we believe that there is great value in pursuing further exchanges in the Convention on Certain Weapons (CCW) – which we believe it is the most appropriate framework for dealing with the issue of emerging technologies in the area of LAWS, as highlighted by the guiding principle “k”5 – , concerning national policies and practices on the development and use of weapons with autonomous functions. Such exchanges – that should be conducted with due respect for national security needs and industrial property rights – could help identify good practices, challenges and related possible solutions. In addition to providing useful, practical input, exchanges on national experiences in legal reviews could also help build confidence among High Contracting Parties on the continued conformity of emerging weapons systems with International Humanitarian Law.
4 “In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by international law.”
5 “The CCW offers an appropriate framework for dealing with the issue of emerging technologies in the area of lethal autonomous weapons systems within the context of the objectives and purposes of the Convention, which seeks to strike a balance between military necessity and humanitarian considerations.
National commentaries on the 11 guiding principles: Comments by Italy (2020) 1–2
