My delegation welcomes a discussion on legal reviews of autonomous weapons systems. We see this topic as particularly ripe for further elaboration in the GGE, as – to our mind – effective practices in relation to weapons reviews have the potential to address many of the concerns raised by delegations in this forum.
The GGE’s Guiding Principle (g) affirms the importance of States conducting legal reviews to determining the legality of LAWS prior to their use in armed conflict.
The importance of these reviews is reflected in Article One of our Joint Proposal, which we have co-sponsored, alongside Canada, Japan, the Republic of Korea, the UK and the US.
We believe that strengthening compliance with existing IHL, including through Article 36 reviews, is the most effective way to manage legal risks associated with new weapons systems, including autonomous weapon systems.
Australia – like many other states – encourages all nations to undertake effective weapons reviews. We are encouraged to see that many of the proposals submitted during this session also emphasise the need to conduct reviews in the study, development, acquisition or adoption of LAWS.
We note the Draft Article VI proposal, and 2023 Working Paper submitted by Austria, address the complexities raise by weapon system modification and machine self-learning, and implications for re-review processes. We are studying this content with interest.
In Australia’s view, there is great value in considering the specific issues which may be particularly relevant when conducting legal reviews of autonomous weapons as distinct from other weapon types.
In this regard, we would like to outline recent Australian initiatives in the area of legal reviews:
- Australia is developing new processes to better facilitate the legal review of AWS. This includes additional analysis to determine the weapon’s ability to be used in compliance with IHL rules of distinction, proportionality and precautions in attack and the legality of the weapon throughout the lifecycle.
- Additionally, we have recently implemented an annual, national course to certify legal advisors to conduct weapon reviews for the Australian Defence Force. This course provides a common understanding of the relevant international law, and Australia’s national policies and processes.
[…] Australia intends to continue examining best practices in the area of legal reviews, in cooperation with other States. We look forward to contributing further thinking in this area and responding more fulsomely, in due course, to content on this important topic in other proposals.
Statement by Australia under agenda item 5, topic 5 (9 March 2023) (1st intervention)
