IHL and ERW: Response from the Netherlands (7 November 2005) CCW/GGE/XII/WG.1/WP.4

What measures have been taken by your State to implement those existing principles of international humanitarian law that are considered by your State as relevant to the use of munitions, including submunitions, that may become ERW?

In answering this question, States may like to address, among other issues, the following specific questions: …

(v) Does your State have a mechanism to review the legality of new weapons, methods of warfare and military doctrine? (If yes, what is the legal basis for those systems?)

8. … The Netherlands has a review mechanism based on the requirements of Article 36 of AP1 which reviews both methods and means of warfare to ensure their compatibility with international law, including IHL. The mechanism was set up by Ministerial Decree of the Minister of Defense and consists of a reviewing committee supported by an expert working group. Both the committee and the working group contain legal experts, medical experts, military operational experts and technical experts, and have the authority to invite external advisers as needed. The decisions of the committee are binding for all of the Netherlands armed forces.

Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from the Netherlands (7 November 2005) CCW/GGE/XII/WG.1/WP.4