States and some organisations have expressed their views about the utility, purpose, scope and process of the legal review of weapons in various different contexts. Some of these views have been recorded domestic documents, such as military manuals on the law of armed conflict. Increasingly, however, States and organisations have articulated their positions in a range of international fora, either through written submissions or oral interventions.
This database compiles and organises publicly expressed views in relation to legal reviews, without prejudice to their relative significance or effect (for example, in terms of the development of customary international law). The database aims to comprehensively reflect the views of states but only covers the positions of a small number of selected organisations.
This database currently contains 379 positions and is continuously updated. Any corrections, or suggestions to add material, are welcome.
2018
The Australian Article 36 Review Process
1. Article 36 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (Additional Protocol 1), provides: “In the study, development, acquisition or adoption of a new weapon, means …
Statement by Australia
We see the legal framework for reviewing new weapons, means and methods of warfare, under Article 36 of [API], as being of particular importance in ensuring this compliance. We should not overlook or under-value article 36 reviews. Australia would like to encourage in-depth discussion of …