I believe that the starting point should remain a common, shared recognition that our engagement towards the full implementation of, and respect for, the rules and principles of IHL must stand firm independently of the specificity of any weapons system. I am referring not only to the rules on the conduct of hostilities but also to the obligation to conduct legal reviews of weapons, means and methods of warfare, in accordance with art. 36 of [API]. In this regard, we encourage all States that have not yet done so, to set up formal procedures of art. 36 reviews, to be performed before the beginning of any weapons research, development or procurement process, as a key step to ensure the compatibility of all weapon systems, including emerging ones, with IHL. Since reviewing the legality of weapons with automated or autonomous features could present some technical and financial challenges, we would support efforts aimed at creating the conditions for more widespread compliance with the requirement of Article 36 of [API], with specific reference to the systems we are considering. This could be done through increased transparency on the processes and mechanisms in place for the review, and the development of best practices and guidelines.
Statement by Italy on Next Steps (CCW GGE LAWS, 13 April 2018)
