DND/CAF’s Legal Weapons Review Process
Canada conducts legal reviews of new weapons, means, and methods of warfare that are being contemplated for study, development, acquisition, or adoption by the Department of Defence
and the Canadian Armed Forces to ensure their compliance with international law.
As part of this weapons review, several factors are considered:
A) Whether the possession or employment of the weapon could violate a rule of conventional or customary international law applicable to Canada;
B) Whether the weapon is of a nature to cause superfluous injury or unnecessary suffering;
C) Whether the weapon is capable of being used discriminately;
D) Whether the weapon is intended, or may be expected, to cause widespread, long-term, and severe damage to the natural environment; and,
E) Whether there are any foreseeable developments in the law of armed conflict that may affect the future legality of the weapon.
This review informs decision makers on the potential legal risks, challenges, and concerns regarding the use of a particular means or method of warfare, and can determine whether – and in what circumstances – a certain capability could lawfully be deployed.
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Canada, Intervention points, Agenda item 5(a) (GGE LAWS, 26 March 2019)
