(e) In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by international law[.]
States have an obligation under international law (article 36 of AP I) to determine whether the employment of a new weapon would be prohibited under international law. In Sweden, this is carried out by the Delegation for International Humanitarian Law Monitoring of Arms Projects. All defence-related authorities must, without delay, report to this delegation any proposed project that involves the study, development, procurement or modification of weapons or methods of warfare.
In a review in accordance with article 36, the characteristics of the weapons system are examined, as well as its planned use and other relevant aspects. In case of doubt or scientific uncertainty, the examining entity could request further information and/or apply further test methods. The examining entity is then to issue a decision that approves or rejects the weapons system or method under review. It could also issue strict requirements for
modifications or limitations that would bring the system in line with the requirements of international law.
Information is available on a number of national legal review systems that could assist HCPs wishing to create a system for legal weapons reviews or to examine an existing system.
Swedish Commentary on the Operationalization of the Guiding Principles on LAWS within the CCW (30 August 2020)
