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.
16 positions ICRC (remove filter)
2026
Statement by the ICRC
We welcome the paragraphs in this section. In particular, we support the inclusion of the paragraph on legal reviews, as well as the language in your additional suggestions, which aligns with existing IHL language in Article 36 of Additional Protocol I. We also echo the …
2024
ICRC IHL Challenges Report
States use various domestic processes to implement their IHL obligations. Legal review of new weapons, means and methods of warfare is one such process mandated by IHL. Carrying out a legal review of any new weapon, means or method of warfare they develop or acquire …
Statement by the ICRC
Effective legal reviews are a clear obligation for states that are party to Additional Protocol I and, for all states, they’re critical to ensuring that their armed forces comply with IHL rules in the use of any weapon systems. And the ICRC endorses the view, …
2023
Statement by the ICRC
It’s been encouraging on this topic to see the attention given during discussions of [AWS] to the conduct of legal reviews. Effective legal reviews are a clear procedural obligation for states party to [AP I], and for all states are critical to ensuring that their …
2020
Commentary by the ICRC
States Parties to 1977 Additional Protocol I to the Geneva Conventions have a legal obligation to conduct legal reviews of new weapons. In the ICRC’s view, the requirement to carry out legal reviews also flows from the obligation to ensure respect for IHL. Besides these …
2019
ICRC IHL Challenges Report
E) Challenges Posed by Certain New Technologies of Warfare to Legal Reviews of New Weapons As noted above, the development and use of new technologies of warfare, such as autonomous weapon systems or military cyber capabilities, do not occur in a legal vacuum. As with …
Statement by the ICRC
The ICRC has welcomed the attention that this discussion has brought to improving and developing legal review processes. Effective legal reviews are critical to ensuring that a State’s armed forces comply with IHL in light of rapid technological developments. Greater transparency in how States interpret …
2018
Statement by the ICRC
The ICRC welcomes attention that this issue has brought to developing and improving legal review processes. The ICRC calls on all States to establish a weapon review mechanism or consider strengthening existing mechanisms to ensure that any new weapons that are developed and acquired can …
Statement by the ICRC
The ICRC welcomes efforts to improve implementation of IHL, including through enhancing mechanisms to review the legality of new weapons. Conducting legal reviews of weapon systems with autonomy in their critical functions can raise challenges, in particular regarding standards of predictability and reliability. The ICRC …
Ethics and autonomous weapon systems: An ethical basis for human control?
From a legal perspective, when considering the obligation of States to review new weapons before their deployment and use under Article 36 of [AP I], it is difficult to see how a weapon system that autonomously changes its own functioning could ever be approved, since …
2016
Statement by the ICRC
The ICRC welcomes the recognition by States of the importance of reviewing new weapons to ensure their compatibility with international law, and stresses that efforts to strengthen national legal review processes are complementary and mutually reinforcing of discussions at the international level, in particular in …
2015
ICRC IHL Challenges Report
1) New technologies of warfare […] In accordance with Article 36 of Additional Protocol I, each State Party is required to determine whether the employment of a new weapon, means or method of warfare that it studies, develops, acquires or adopts would, in some or …
Statement by the ICRC
The ICRC welcomes the wide recognition by States that legal reviews at the domestic level of autonomous weapon systems, as with any new weapon, are required under Article 36 of Additional Protocol I to the Geneva Conventions or under customary international humanitarian law. We wish …
Statement by the ICRC
[…] Challenges to respect for IHL posed by predictability and reliability of the weapon As weapon systems become more autonomous, are increasingly able to determine their own actions, and are deployed for lengthier periods and in more complex environments, the results/outcomes of their use will …
Statement by the ICRC
… Lessons learned from the legal review of autonomy in the critical functions of existing and emerging weapon systems could help to provide a guiding framework for future discussions. In this respect, the ICRC welcomes the wide recognition of the obligation for States to carry …
2014
Statement by the ICRC
Many delegations this week stressed the importance of legal reviews of autonomous weapons. The ICRC welcomes the wide recognition of the need to carry out thorough legal reviews of the new technologies of warfare they are developing or acquiring, including weapons that have autonomy in …