Legal review of LAWS
22. Legal reviews are a critical safeguard for ensuring all weapons systems are capable of being used in compliance with IHL. A legal review (often referred to as a ‘weapons review’) is the process by which States determine the lawfulness of any new weapon, means or method of warfare, before it is used in armed conflict. States Parties to Additional Protocol I to the Geneva Conventions (such as Australia) are required to conduct legal reviews pursuant to article 36.
23. The GGE has, over many years, recognised the importance of States’ obligations under international law to conduct legal reviews of LAWS. LAWS GGE Guiding Principle (e) affirms the importance of States conducting legal reviews to determining the legality of LAWS prior to their use in armed conflict. The 2023 GGE report encouraged the voluntary exchange of relevant best practices between States in this area.
24. Australia has long advocated for the importance of legal reviews as a mechanism for ensuring that the development and use of LAWS in armed conflict is lawful under international law, including IHL. To that end, Australia also encourages States that are not party to Additional Protocol I to undertake legal reviews, to enhance compliance with international law. All Australian Defence Force (ADF) weapons and weapons systems must comply with Australia’s international legal obligations, and are subject to legal reviews prior to employment, in accordance with Australia’s obligations under article 36 of Additional Protocol I.
25. In 2023 and in 2024, Australia hosted two expert meetings on the Legal Review of Autonomous Weapons Systems in Sydney. The expert meetings provided an opportunity for a cross-regional grouping of States, academics, NGOs and industry to discuss State practice and establish mechanisms for exchanging information in relation to legal reviews of LAWS and more broadly.
