3. The United States of America views the review of the legality of weapons as a best practice for implementing customary and treaty law relating to weapons and their use in armed conflict. The United States of America is not a party to [AP I] and therefore is not bound by that instrument, but we note that Article 36 of that Protocol creates an obligation for its Parties with respect to the study, development, acquisition, or adoption of a “new” weapon, means, or method of warfare.
4. Under United States Department of Defense (DoD) policies, legal reviews are conducted as part of the broader acquisition processes. In particular, a DoD policy (DoD Directive 5000.01) requires that the acquisition and procurement of DoD weapons and weapon systems be consistent with all applicable domestic and international law, including the law of war. To implement this requirement, DoD Directive 5000.01 provides that “[a] n attorney authorized to conduct such legal reviews in the Department shall conduct the legal review of the intended acquisition of weapons or weapons systems.”
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6. For the United States Department of Defense, the legal review of the acquisition or procurement of a weapon generally focuses on whether the weapon is illegal per se — whether a treaty to which the United States is a party or customary international law has prohibited its use in all circumstances. The use of autonomy to aid in the operation of weapons is not illegal per se.
Autonomy in Weapon Systems: Submitted by the United States (10 November 2017) CCW/GGE.1/2017/WP.6
