1. At the 2018 session of the CCW Group of Governmental Experts (GGE) on emerging technologies in the area of lethal autonomous weapons systems (LAWS), Argentina presented working paper CCW/GGE.1/2018/WP.2 on strengthening the legal weapons review mechanisms established in accordance with Article 36 of Additional Protocol I to the 1949 Geneva Conventions relative to the protection of victims of international armed conflicts (Additional Protocol I). The working paper focussed on the substantive differences which exist between the four types of mechanisms established to review the study, development, acquisition or adoption of a new weapon, means or method of warfare. In particular, mechanisms destined primarily for the “acquisition” of a new weapon, which are mostly used by those States that import weapons, would lack certain elements (i.e. technological, scientific) that allow for a robust review, compared with those processes in which a new weapon is studied, developed or adopted.
2. Argentina considers that the existing differences could be reduced and some standardization of a more universal nature of the weapons review mechanisms should be achieved. A first step in this direction would be the elaboration of a compendium of good national practices on the legal weapons review in the process of acquiring a new weapon, means or method of warfare. Likewise, a comparative analysis could be made between the mechanisms that deal with the study, development and adoption of a new weapon, means or method of war.
3. Against this background, Argentina invites all States to share information on their national review mechanisms (as well as current legislation), established pursuant to Article 36 of Additional Protocol I, by answering the attached questionnaire. Argentina believes that the exchange of information between States is highly necessary. In this regard, it should be noted that under Article 84 of Additional Protocol I, the High Contracting Parties agreed to communicate the laws and regulations that they had adopted to guarantee the implementation of the protocol.
4. This initiative should be regarded as complimentary (and not contradictory) to any other option to address the humanitarian and international security challenges posed by the emerging technologies, as identified in the 2018 report of the GGE on LAWS (CCW/GGE.1/2018/3): political declaration, legally binding instrument or application of international humanitarian law. Strengthening national review mechanisms would allow a
better application of any additional measures adopted in the future to address LAWS.
5. High Contracting Parties are encouraged to send the completed questionnaire and related legislation by e-mail to nnt@mrecic.gov.ar, with copy to argentina@missionarg.ch.
[Questions]
Questionnaire on the Legal Review Mechanisms of New Weapons, Means and Methods of Warfare: Submitted by Argentina (29 March 2019) CCW/GGE.1/2019/WP.6
