Procedures For Assessing New Weapons
91. New Zealand is required to assess the legality of new weapons or means or methods of warfare.83 As part of the assessment, New Zealand must determine whether employment would, in some or all circumstances, violate the rules of Additional Protocol I or other rules of international law. NZDF actively engages in information sharing initiatives with the Australian Defence Force to encourage good practice on weapons review.
92. NZDF must ensure that weapons and munitions developed, acquired or brought into service in New Zealand comply with IHL. The review must identity NZDF’s obligations under Additional Protocol I and other relevant treaties and customary international law and consider the practice and legal assessments of other states. The results of all reviews are to be provided to the Chief of Defence Force as the ultimate decision maker in the process.84
83 [Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) 1125 UNTS 3 (entered into force on 7 December 1978)], art 36.
84 New Zealand Defence Force Manual of Armed Forces Law: Law of Armed Conflict, [(DM 69, 7 August 2017), vol 4], at [7.4.1]
Ministry of Foreign Affairs and Trade, New Zealand’s Report on the Domestic Implementation of International Humanitarian Law [August 2024] 31–32
