While a number of states have suggested that action around national legal reviews of weapons, under the framework of article 36 of Additional Protocol I to the Geneva Convention, could constitute a basis for addressing the serious concerns that states have raised in relation to autonomous weapons, our observation is that national reviews are insufficient to deal with LAWS.
It is against this background that my delegation submits that considering a multilateral agreement at this point is most critical in providing clear margins for all states on the use of LAWS in armed conflict. This direction brings to the fore earlier calls by the ICRC (1987 Commentary 1466 on Article 36) for High Contracting Parties to collectively determine the possibly unlawful nature of a new weapon, both with regard to the provisions of the Protocol, and with regard to any other applicable rule of international law. Where resultant measures from such a forum are not taken, the State becomes liable for any wrongful outcomes in the use of LAWS.
Zambia’s statement during the general exchange of views (CCW Informal Meeting of Experts on Lethal Autonomous Weapons Systems, 11 April 2016) 3
