In this context, the obligation to conduct legal reviews is central to discussions on autonomous weapons systems. We see a number of challenges related to autonomous weapons systems distinct from traditional weapons reviews. Specifically, the question is how such systems and their specific characteristics can be meaningfully tested. Beyond the purely technical challenge of assessing IHL compliance of an autonomous weapons systems, there is also a conceptual challenge related to the fact that an autonomous system will assume an increasing number of determinations in the targeting cycle which traditionally are being taken care of by a human operator. This challenge specifically applies to the principle of proportionality and the legal review thereof. New evaluation and testing procedures may need to be conceptualized and developed to meet this particular challenge.
At this stage, let me briefly present our national legal review procedures. Legal reviews of weapons are based on an ordinance by the Ministry of Defence, enshrining the requirement to legally review weapons before acquisition, as well as on a directive of the Chief of Defence, regulating the process. The latter mandates the Law of Armed Conflict Section within the Ministry of Defence with the reviews. In the framework of the legal review, we assess in particular whether a weapon does not violate the prohibition of indiscriminate weapons, does not cause superfluous injuries or unnecessary suffering and does not violate any other treaty obligation. The review starts with the drafting of the system specification and is continuously performed until the final decision for procurement. Besides the legal review of weapons, we also preform reviews of doctrine and other relevant regulations to ensure IHL compliance of means and methods. Switzerland is currently reviewing its legal review process and will in particular include a definition of the weapons, which will clearly identify the subject of the review.
While the process of national legal reviews may require procedural and technical adaptations to fully capture the complexity of autonomous weapons systems, if rigorously implemented, it holds the potential of ensuring that all new weapons, means and methods of warfare are developed and acquired in compliance with international law.
Switzerland, A purpose-oriented working definition for autonomous weapons systems (Meeting of Experts of the Convention on Certain Conventional Weapons, 13 April 2016) 3-4
