C. Options for transparency and confidence building
9. Voluntary measures that could enhance compliance with the existing regulations (Article 36 of [AP I] on weapons reviews) and increase confidence between States include:
(a) Establishing transparency and facilitating the identification of best-practices in conducting weapons reviews (Article 36) of future LAWS;
(b) Allowing, on a voluntary basis, other States to participate, as observers, in demonstrations of future LAWS;
(c) Exchange of information between States on future LAWS;
(d) Agreeing on a code of conduct providing a politically binding set of rules for the development and use of LAWS as a following step to be developed once the political declaration has been agreed….
IV. Proposal for a Political Declaration
12. … At the current early stage of formal discussion between CCW members, this non-paper suggests that the GGE should consider drafting a political declaration, within the framework of the CCW, and in line with the context and objectives of the convention: …
(e) calling upon all States not parties to [AP I] to recognize the obligation to conduct weapon reviews as described in article 36 AP I;
(f) encouraging the exchange of views on the implementation of Article 36 and the development of a Guide for the Art. 36 process, specifically tailored to the assessment of future LAWS; …
V. Options for transparency and confidence building measures
…
A. Increasing transparency and identification of best practices in conducting weapon reviews of LAWS
14. Article 36 of [AP I] provides that in the study, development, acquisition or adoption of a new weapon, means or method of warfare, a State party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the State Party. LAWS should go through such a process. Weapon reviews are a tool already available to ensure that LAWS are developed, produced and used in compliance with current international law as well as, in the future, in compliance with future applicable international law.
15. Bearing in mind that Article 36 leaves the details of the weapon reviews to each individual State there are a number of concrete measures that could improve the effectiveness of Article 36 weapons reviews and help States conduct a legal assessment of LAWS. These include:
(a) Releasing information about the review mechanism. A first step would be for States that do conduct weapons reviews to release public information about their weapon review mechanism. A number of the State parties to the CCW have already done so within the framework of the CCW discussions.
(b) Discuss best practices. States could subsequently share know-how and experience and exchange views on what could constitute elements of best practices in conducting weapon reviews, specifically tailored to the assessment of future LAWS.
For consideration by the Group of Governmental Experts on Lethal Autonomous Weapons Systems (LAWS): Submitted by France and Germany (7 November 2017) CCW/GGE.1/2017/WP.4
