Positions of States and Organisations

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.

2021

  1. Answers by the Netherlands to the Guiding Questions

    September 2021State or organisation: NetherlandsForum: GGE LAWS 2021

    Where and how to draw the line to determine what [AWS] would be lawful or not? … the article 36 review process is critical in this process of determining whether a weapon system is capable of being used in compliance with IHL. As the Netherlands …

  2. Possible recommendations in relation to the clarification, consideration and development of aspects of the normative and operational framework

    June 2021State or organisation: NetherlandsForum: GGE LAWS 2021

    D. Weapon reviews High Contracting Parties, at their Sixth Review Conference, confirm that in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, States are under an obligation to determine whether its employment would, in some or all circumstances, …