D. Weapon reviews
- High Contracting Parties, at their Sixth Review Conference, confirm that in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, States are under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by international law;
- High Contracting Parties shall conduct legal weapons reviews to ensure they fulfil their existing legal obligations;
Armed forces must implement this determination by adopting a legal review process for all new weapons, means and methods of warfare as well as for all modifications to existing weapons, means and methods of warfare; - Legal reviews, such as those in accordance with Article 36 of [AP I], provide a suitable framework to determine whether a new weapons system, means or method of warfare can be used in compliance with international law;
- The High Contracting Parties, at their Sixth Review Conference, recommend that the High Contracting Parties share information regarding the modus operandi and underlying principles of legal weapons reviews, including national Article 36 API procedures; …
Possible recommendations in relation to the clarification, consideration and development of aspects of the normative and operational framework: submitted by the Netherlands (June 2021)