IHL and ERW: Response from South Africa (10 February 2006) CCW/GGE/XIII/WG.1/WP.4

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?)

10. Yes. The South African Government has promulgated the National Conventional Arms Control Act (41 of 2002) whereby the National Conventional Arms Control Committee (situated at the DOD) review legality of new weapons and their impact on the method of warfare and military doctrine. The weapon system acquisition process of the SANDF is also controlled by regulatory boards and councils at Service and Divisional, Departmental and Ministerial level. These mechanisms contain oversight components by way of representation through officeholders who scrutinize and report to the Secretary for Defence who, in terms of the Defence Act (42 of 2002), perform functions necessary or expedient to enhance executive control over the military.

Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from South Africa (10 February 2006) CCW/GGE/XIII/WG.1/WP.4