Determination of whether new weapons and means or methods of warfare may be employed lawfully
Canada conducts weapons reviews in accordance with Article 36 of AP I. In the study, development, acquisition or adoption of a new weapon, means or method of warfare, Canada has an obligation to determine whether its employment would, in some or all circumstances, be prohibited by AP I or any other applicable rule of international law. DND/CAF has developed and implemented a robust process for these reviews and is well underway in its efforts to continue enhancing existing national review mechanisms. The DND/CAF office considering procurement, development or acquisition submits a written request for review at the earliest possible phase. For acquisition or development projects, a request must be submitted not later than the end of the Project Options Analysis phase.
After receiving and reviewing all the information it deems necessary, an opinion stating if the employment of the new or modified existing capability, or new means or method of warfare, is lawful with regard to international law applicable to Canada is provided by the OJAG.
Even if an Article 36 legal review determines that the proposed new weapon, means or method of warfare would be lawful under international law, other DND/CAF or Government of Canada policy considerations may prohibit or restrict its use.
Sharing information and best practices with other States
Canada has contributed over the years to various initiatives and engagements on State implementation of Article 36 AP I. Canada participates actively in the United Nations Group of Governmental Experts on Lethal Autonomous Weapons at the Conference on Disarmament in Geneva, which has proven to be a useful forum for sharing information and best practices on legal weapons reviews.
Government of Canada, Voluntary Report on the Implementation of International Humanitarian Law at the Domestic Level (2024) 30
