6.20 States party to Additional Protocol I are under an obligation ‘in the study, development, acquisition or adoption of a new weapon, means or method of warfare . . . to determine whether its employment would, in some or all circumstances, be prohibited by [Additional Protocol I] or by any other rule of international law’.94
6.20.1 This obligation is imposed on all states party, not only those that produce weapons. To this end each state is required to have effective review procedures operating in accordance with the rules of international law but there is no requirement that the findings from these proceedings should be published. In the UK the weapons review process is conducted by the Ministry of Defence in a progressive manner as concepts for new means and methods of warfare are developed and as the conceptual process moves towards procurement. Qualified legal staff contribute to the weapon development process. The review process takes account not only of the law as it stands at the time of the review but also attempts to take account of likely future developments in the law of armed conflict.
94 AP I, Art 36.
Joint Service Publication 383: The Joint Service Manual of the Law of Armed Conflict (2004)
