What measures have been taken by your State to implement those existing principles of international humanitarian law that are considered by your State as relevant to the use of munitions, including submunitions, that may become ERW?
In answering this question, States may like to address, among other issues, the following specific questions: …
(v) Does your State have a mechanism to review the legality of new weapons, methods of warfare and military doctrine? (If yes, what is the legal basis for those systems?)
29. The United States does have a mechanism to review the legality of new weapons. Pursuant to DOD Directives and Military Department regulations, a legal review is required for every new or modified weapon or weapons system. In 1974, the first DOD Directive on this subject was issued. In 1991, a new directive was incorporated into an Acquisition Directive. The Army has issued Army Regulation 27-53, Review of Legality of Weapons under International Law.
30. The purpose of the review is to ensure that the intended use of each weapon, weapon system or munition is consistent with the international legal obligations of the United States, including law of war treaties and arms control agreements to which the United States is a party, and U.S. policy. The United States also requires a legal review to be conducted on all non-lethal weapons.
31. The review is conducted at the initial phase of the procurement process. The intent is to validate the concepts prior to the commitment of funding. The procuring activities will submit the requests for review to the respective Military Department Judge Advocate General, who has a law of war specialist (attorney) responsible for conducting the reviews.
32. The guidelines for review include a description of weapons characteristics; discussion of the intended use; analysis, which considers express legal prohibitions; consideration of the principle of preventing unnecessary suffering, the principle of prohibition against indiscriminate weapons, and the principle of proportionality.
33. The reviews are issued under the signature authority of the Department of Defense General
Counsel or the Military Department Judge Advocate General.
Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from the United States of America (25 July 2005) CCW/GGE/XI/WG.1/WP.4
