Review process
States are obligated to determine whether the employment of a new weapon would be prohibited under international law. In Sweden, this is carried out by the Delegation for International Humanitarian Law Monitoring of Arms Projects. All defence-related authorities must, without delay, report to this delegation any proposed project that involves the study, development acquisition, or adoption of weapons or methods of warfare.
In the development of regulations, procedures, manuals and training programs, the human-machine interaction and its limitations need to be considered. In the legal review of new weapons, as envisaged by Article 36 of AP I, an analysis must be performed to determine whether the employment of a new weapon would be prohibited by IHL. This analysis should include aspects of human-machine interaction and the ways in which they are addressed in manuals and training programs.
In a review by the Delegation for International Humanitarian Law Monitoring of Arms Projects in accordance with article 36, the characteristics of the weapons system are examined, as well as its planned use and other relevant aspects, such as training programs and handling regulations. In case of doubt or scientific uncertainty, the Delegation could request further information and/or apply further test methods. The Delegation is then to issue a decision that approves or rejects the weapons system or method under review. It could also issue strict requirements for modifications or limitations that would bring the system in line with the requirements of international law.
Information is available on several national legal review systems that could assist HCPs wishing to examining existing systems.
