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.

2024

  1. Voluntary Report on the Implementation of IHL in New Zealand

    August 2024State or organisation: New ZealandForum: IC RCRC

    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 …

  2. Submission by New Zealand to the Secretary-General

    May 2024State or organisation: New ZealandForum: UNGA Res 78/241

    17. Weapons reviews4 are an important part of national obligations to respect and ensure respect for IHL, and New Zealand supports their strengthening. While weapons reviews are necessary for AWS, New Zealand sees these as insufficient on their own to address concerns about AWS and …

2022

  1. Working paper

    8 August 2022State or organisation: ArgentinaState or organisation: AustriaState or organisation: BelgiumState or organisation: ChileState or organisation: Costa RicaState or organisation: EcuadorState or organisation: GuatemalaState or organisation: IrelandState or organisation: KazakhstanState or organisation: LiechtensteinState or organisation: LuxembourgState or organisation: MaltaState or organisation: MexicoState or organisation: New ZealandState or organisation: NigeriaState or organisation: PanamaState or organisation: PeruState or organisation: PhilippinesState or organisation: Sierra LeoneState or organisation: Sri LankaState or organisation: State of PalestineState or organisation: SwitzerlandState or organisation: UruguayForum: GGE LAWS 2022

    1. This Working Paper sets out the following considerations and elements for the future work of the Group. The GGE should: … 13. Recall the obligation for States to conduct national weapon reviews, as codified in Article 36 of Additional Protocol I to the Geneva …

2021

  1. Comments by New Zealand on the Chair’s paper

    August 2021State or organisation: New ZealandForum: GGE LAWS 2021

    We welcome the inclusion of this section on weapons reviews. New Zealand believes weapons reviews, including article 36 reviews, will continue to play an important role in weapons development. Our overarching comment is that we think consideration should be given to making these reviews more …

  2. Joint submission on possible consensus recommendations

    2021State or organisation: AustriaState or organisation: BrazilState or organisation: ChileState or organisation: IrelandState or organisation: LuxembourgState or organisation: MexicoState or organisation: New ZealandForum: GGE LAWS 2021

    IV. Weapons Reviews Weapons reviews, including art. 36 reviews, will continue to play an important role in weapons development. In the evaluation of weapons systems based on emerging technologies in the area of LAWS, key challenges in the regulation and the nature of the systems …

2019

  1. Statement by New Zealand

    27 March 2019State or organisation: New ZealandForum: GGE LAWS 2019

    As one of the few countries that undertakes Article 36 reviews for new weapons, munitions, methods and means of warfare, New Zealand encourages all States parties to [AP I] to fulfil their existing legal obligations for weapons reviews. New Zealand also supports any initiatives which …

  2. Statement by New Zealand

    27 March 2019State or organisation: New ZealandForum: GGE LAWS 2019

    Among the outcomes from this Group, New Zealand would like to see clear recognition of the importance of strengthening the operation of Art 36 reviews. We welcome the efforts being made by the ICRC to progress work on sharing best practice methods for conducting reviews …

  3. New Zealand, Military Manual

    8 January 2019State or organisation: New ZealandForum: Domestic

    Section 4 – Weapons and Munitions Review 7.4.1 Members of the NZDF responsible for the development, acquisition or bringing into service of weapons and munitions for use by the NZDF are to ensure that those weapons and munitions comply with LOAC. As early as possible …

2018

  1. Statement by New Zealand

    13 April 2018State or organisation: New ZealandForum: GGE LAWS 2018

    At this stage, we are particularly interested in the existing obligation that all States Parties to [AP I] have to assess the compliance with IHL of all weapons, means and methods of warfare, including LAWS — through weapons reviews. These reviews serve as an existing …

2017

  1. Statement by New Zealand

    13 November 2017State or organisation: New ZealandForum: GGE LAWS 2017

    We can also see much value in pursuing greater transparency and information exchange regarding the conduct of Article 36 reviews. At the same time, we can see that no one approach is sufficient to resolve the many concerns that have been raised about LAWS, in …

2005

  1. IHL and ERW: Response from New Zealand

    5 August 2005State or organisation: New ZealandForum: WG ERW

    19. All new weapons and ammunition types that are under consideration for acquisition by or for the NZDF are to be vetted by Directorate of Legal Services (DLS) to ensure that they comply with LOAC. 20. Vetting of weapon and ammunition types will include regard …