Voluntary Report on the Implementation of IHL in the United Kingdom

3. What is the United Kingdom’s approach to reviewing weapons?

a) Does the Government conduct a legal review to determine whether new weapons and means or methods of warfare may be employed lawfully?

Article 36 of AP I requires States to determine whether new weapons, means or methods of warfare may be employed lawfully under international law. The United Kingdom’s Weapon Reviews document¹⁶³ sets out how the United Kingdom gives effect to Article 36 of AP I, noting that the Government takes the obligation very seriously.¹⁶⁴ Weapon reviews in the United Kingdom are generally undertaken by serving military lawyers (tri-Service) on the staff of the Development, Concepts and Doctrine Centre located in the Defence Academy in Shrivenham, on behalf of the MOD Legal Advisers. The United Kingdom’s Weapon Reviews document also makes clear that the United Kingdom will still conduct a review if it seeks to acquire equipment that is already in service with the armed forces of another State, even if that State has conducted its own weapon review.

b) At what point(s) in the procurement process does the Government conduct legal reviews?

Weapon reviews take place at key milestones in the procurement process of a piece of equipment. Broadly, these are at:

• the MOD’s decision to commit funds to developing a specific capability (known as ‘Outline Business Case’);
• the MOD’s decision to commit fully to the procurement of a particular piece of equipment or weapon (known as ‘Full Business Case’); and
• at the date the finalised equipment enters service.

However, the procurement process can change, most notably in respect of Urgent Operational Requirements (UORs) when an expedited procurement process enables the rapid purchase of new weapons or modification of existing weapons to support current or imminent operations. UORs are also subject to the weapon review process and as such a review must be obtained before the UOR enters into service, orally if necessary, with more formal comprehensive advice to follow.

c) How is information/practice shared?

The Development, Concepts and Doctrine Centre held the first ever international Weapons Review Forum in Autumn 2015. States, academics, the ICRC, the BRC and key non-governmental organisations were invited to contribute. The forum enabled fourteen States, who were the primary participants, to discuss the weapons review process between themselves, as well as in open sessions with selected academics and other parties involved in the process, including procurement teams and defence industry representatives. The aim of the forum was to share and learn good practice between States and see how other States fulfil their Article 36 obligations. The 2015 forum represented an important step forward in international co-operation. A second forum was organised in 2016.

United Kingdom Government, Voluntary Report on the Implementation of International Humanitarian Law at Domestic Level (2nd edn, October 2024) 74–75