We have heard conflicting views as to whether LAWS could be in conformity with IHL. My delegation trusts that all States would like to operate within the provisions of International Humanitarian Law and would take steps to respect Article 36 of the Additional Protocol 1 to the Geneva Conventions of 1949, relating to the Protection of Victims of International Armed Conflicts, in relation to new weapons. This article states, and I quote, “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party”. The Emphasis here is on international law and not just IHL.
We should also be mindful of the Marten’s Clause, which states:
“Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience.”
Opening Statement by Sierra Leone (CCW Informal Meeting of Experts on LAWS, 11-15 April 2016)
