States use various domestic processes to implement their IHL obligations. Legal review of new weapons, means and methods of warfare is one such process mandated by IHL. Carrying out a legal review of any new weapon, means or method of warfare they develop or acquire is a necessary step for states to ensure their armed forces’ ability to comply with their IHL obligations. In order to assist states in establishing or improving review procedures, the ICRC published its Guide to the Legal Review of New Weapons, Means and Methods of Warfare: Measures to Implement Article 36 of Additional Protocol I of 1977 (Guide) in 2006. The Guide is being updated now, including to reflect challenges in the legal review of new weapons, means or methods of warfare relying on new and emerging technologies.
ICRC, International Humanitarian Law and the Challenges of Contemporary Armed Conflicts: Building a Culture of Compliance for IHL to Protect Humanity in Today’s and Future Conflicts (September 2024) 77
