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?)
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 point of procurement—International arms control obligations and international humanitarian law” published in 2000.7
38. During missions, NATO, the EU and Germany not only analyze weapons effects as to the damage or destruction achieved (battle damage assessment/combat assessment), but also monitor compliance with legal requirements and avoidance of collateral damage. Subsequent to a mission, a detailed analysis involving experts from various specialties, including the legal branch, is carried out in the framework of a munitions effectiveness assessment.
7 RUDOLF GRIDL: Kriterienkatalog zur Überprüfung von Beschaffungsvorhaben im Geschäftsbereich des BWB/BMVg mit völkerrechtlichen Vereinbarungen: Internationale Rüstungskontrolle und humanitäres Völkerrecht. Ebenhausen im Isartal: Stiftung Wissenschaft und Politik, 2000.
Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from the Federal Republic of Germany (2 August 2005) CCW/GGE/XI/WG.1/WP.9
