Weapons Reviews
Relevant Guiding Principles:
- 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. (Guiding Principle (e) ).
Relevant Consensus Conclusions of the GGE:
- Legal reviews, at the national level, in the study, development, acquisition or adoption of a new weapon, means or method of warfare are a useful tool to assess nationally whether potential weapons systems based on emerging technologies in the area of [LAWS] would be prohibited by any rule of international law applicable to that State in all or some circumstances. States are free to independently determine the means to conduct legal reviews although the voluntary exchange of best practices could be beneficial, bearing in mind national security considerations or commercial restrictions on proprietary information. (2019 Report ¶17(i)).
- Weapons systems under development, or modification which significantly changes the use of existing weapons systems, must be reviewed as applicable to ensure compliance with IHL. (2018 Report ¶23(c)).
- During the design, development, testing and deployment of weapons systems based on emerging technologies in the area of lethal autonomous weapons systems, the risks inter alia of civilian casualties, as well as precautions to help minimize the risk of incidental loss of life, injuries to civilians and damage to civilian objects must be considered. Other types of risks should be considered, as appropriate, including but not limited to the risk of unintended engagements, risk of loss of control of the system, risk of proliferation, and risk of acquisition by terrorist groups. (2019 Report 23a).
- Risk mitigation measures can include: rigorous testing and evaluation of systems, legal reviews, readily understandable human-machine interfaces and controls, training personnel, establishing doctrine and procedures, and circumscribing weapons use through appropriate rules of engagement. (2019 Report 23b).
- Where feasible and appropriate, verifiability and certification procedures covering all likely or intended use scenarios must be developed, the experience of applying such procedures should be shared bearing in mind national security considerations or commercial restrictions on proprietary information. (2018 Report 23d)
- Where feasible and appropriate, inter-disciplinary perspectives must be integrated in research and development, including through independent ethics reviews bearing in mind national security considerations and restrictions on commercial proprietary information. (2018 Report 23b).
Potential Areas for Further GGE Consensus Recommendations or Work:
- Identifying guidelines and good practices for militaries to consider using in conducting legal reviews of weapons systems based on emerging technologies in the area of LAWS.
- Further identifying potential risks and mitigation measures that could be considered in the design, development, testing, and deployment of weapons systems based on emerging technologies in the area of LAWS
Building on Chile’s Proposed Four Elements of Further Work for the Convention on Certain Conventional Weapons (CCW) Group of Governmental Experts (GGE) on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems (LAWS): Submitted by Australia, Canada, Japan, the Republic of Korea, the United Kingdom, and the United States (27 September 2021) CCW/GGE.1/2021/WP.2, 4–5
