In concrete terms, in order to ensure that IHL is fully applied to weapons systems based on emerging technologies in the area of LAWS – in compliance with guiding principle “a”5 and in line with their existing obligations – High Contracting Parties (HCPs) should, for the purposes of operationalizing the eleven guiding principles at national level:
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2) implement, in compliance with guiding principle “e”6, a national procedure to review the legality of weapons systems that they develop or acquire, including those based on emerging technologies in the area of LAWS, in line with their international obligations, in particular under IHL, and in compliance with the provisions of Article 36 of Additional Protocol I to the Geneva Conventions[.]
5 “International humanitarian law continues to apply fully to all weapons systems, including the potential development and use of lethal autonomous weapons systems.”
6 “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.”
Operationalization of the 11 guiding principles at national level: Comments by France (10 June 2020) 2