Turning to the issue of the development and testing of weapons, the Netherlands wishes to emphasize once again the importance of legal weapon reviews. As a State Party to [API], the Netherlands has a standing 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 already in use by the Netherlands armed forces. These legal reviews, in line with article 36 of AP I, provide a sufficient framework to determine whether a new weapons system, means or method of warfare can be used in compliance with international law. The low number of States that conduct legal weapons reviews is a concern. The Netherlands is of the view that more States should fulfil their existing legal obligations in this context and this would be an important step in operationalizing guiding principle e … [T]he Netherlands is of the view that sharing information regarding the modus operandi and underlying principles of national Article 36 API procedures would be of added value. In this context, I wish to highlight the webinar organized by UNODA on 16 and 17 of September, in which the Netherlands’ Ministry of Defence presented the outline of our national Article 36 API weapons review procedure.
Statement by the Netherlands under agenda item 5(a): an exploration of the potential challenges (22 September 2020)
