Article 36 itself states that, in the development of a new weapon, a High Contracting Party is under the obligation to determine whether its employment will be prohibited by [Additional] Protocol [I] or by any other applicable rule of international law, meaning the Article does not address legal obligations that instruct how to develop weapons but rather addresses the development phase as a phase where future use is examined. This is an important distinction to maintain. Although Article 36 mentions development, it maintains IHL’s nature as use-focused. Hence we do not categorically reject any reference to development but such reference should be confined to the context of legal reviews of weapons as thus Article 36.
Statement by Israel (GGE LAWS, 4 March 2025, morning)
