We feel that our discussions should actually reflect the issue of trust: trust between a human and the machine in respect to the authorisation of force. Only trusted systems can be authorized to execute tasks defined by humans. To ascertain this trust, we emphasize the need for states to conduct rigorous national legal weapons reviews, before any new weapon is developed, acquired or deployed into use. The most salient method to do this would be through Article 36 of Additional Protocol I to the Geneva Conventions. We urge all states to comply fully with this important article, and for those states not yet party to the Additional Protocol to join as soon as possible.
In this regard, I’m pleased to update the GGE that the Defense Command of Finland has recently issued a decree for the Finnish Defence Forces on the process of reviewing the legality of new weapons, means or methods of warfare in accordance with Article 36 of the Additional Protocol. The decree further describes Finland’s national procedures. The use and development of the internal control mechanism falls under the responsibility of the legal department of the Defense Command, which carries out a legal assessment under Article 36 for new weapons and weapon systems. The legal assessment is carried out in broad consultation with relevant stakeholders so that, for example, in addition to the legal consideration, the environmental, technical and health related views are also taken into account. The assessment is not legally binding. A legally binding national statement that a weapon or weapons system complies with international obligations would be a decision to acquire a weapon or weapon system unless otherwise stipulated by law, or by the Ministry of Defense or the Ministry for Foreign Affairs.
Finland has, of course complied fully with the Additional Protocol ever since we ratified it decades ago … but we felt that there was a need to revisit its practical application in light of possible challenges posed by rapidly changing technology. In this vein, I would like to especially acknowledge the useful background papers done by SIPRI and other research institutions on legal weapons reviews, as they were much help to us in updating our own internal practices.
Statement by Finland (25 March 2019) (transcript)
