(e) In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by international law[.]
This principle is considered stipulating substantially the same provision as that of Article 36 of the Additional Protocol I of the Geneva Convention on August 12, 1949. Article 36 can be interpreted as obligating each High Contracting Party, in its research, 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 this Protocol or by any other rule of international law applicable to the High Contracting Party. Introducing an implementation mechanism of weapons review into the annual report of the CCW may work as one of confidence building measures.
