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.

2026

  1. Statement by Switzerland

    3 September 2026State or organisation: SwitzerlandForum: GGE LAWS 2026

    With your indulgence, I will also come back to the paragraph on legal reviews. In that regard, we also recall the adoption of guiding principle (e) in 2019 and the language contained in there, and we are open to study the proposal of the US …

  2. Statement by Switzerland

    2 September 2026State or organisation: SwitzerlandForum: GGE LAWS 2026

    On paragraph 39, We support the proposed amendments and the alignment with the text of Article 36 of Additional Protocol I. Together with the chapeau, we are very close to Guiding Principle (e), which is now adapted to specifically address LAWS. Switzerland cannot support proposals …

  3. REAIM Pathways to Action

    5 February 2026State or organisation: ArmeniaState or organisation: AustriaState or organisation: BelgiumState or organisation: CanadaState or organisation: ChileState or organisation: CyprusState or organisation: CzechiaState or organisation: DenmarkState or organisation: FinlandState or organisation: FranceState or organisation: GeorgiaState or organisation: GermanyState or organisation: GhanaState or organisation: GreeceState or organisation: HungaryState or organisation: IcelandState or organisation: IrelandState or organisation: ItalyState or organisation: LuxembourgState or organisation: MoroccoState or organisation: NetherlandsState or organisation: NorwayState or organisation: PakistanState or organisation: PanamaState or organisation: PhilippinesState or organisation: PortugalState or organisation: Republic of KoreaState or organisation: RomaniaState or organisation: SingaporeState or organisation: SpainState or organisation: SwedenState or organisation: SwitzerlandState or organisation: TürkiyeState or organisation: UkraineState or organisation: United KingdomForum: REAIM

    … 7. Building on the Call to Action advanced at the REAIM Summit 2023 in The Hague and the Blueprint for Action advanced at the REAIM Summit 2024 in Seoul, convinced that the time has come to take steps towards operationalization of the principles reflected …

2024

  1. Statement by Switzerland

    7 March 2024State or organisation: SwitzerlandForum: GGE LAWS 2024

    While not the sole solution for the challenges associated with increasing autonomy in weapons systems, legal reviews are a crucial instrument and thus can be part of the solution. A well-designed weapons review mechanism has not only the potential to determine whether or not an …

2023

  1. Statement by Switzerland

    9 March 2023State or organisation: SwitzerlandForum: GGE LAWS 2023

    We are pleased to note that almost all proposals and working papers on the table stressed the importance of legal reviews of weapons. While not the sole solution for the challenges associated with increasing autonomy and weapon systems, legal reviews are a crucial instrument 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. Switzerland’s Position Paper on the Application of International Law in Cyberspace

    27 May 2021State or organisation: SwitzerlandForum: GGE Cyber 2021

    States and parties to a conflict have an overarching obligation to “respect and ensure respect” for IHL “in all circumstances”. It is uncontested that preparatory measures must be taken to implement IHL and that its implementation needs to be supervised. This requires states and parties …

  2. Food for thought by Switzerland

    2021State or organisation: SwitzerlandForum: GGE LAWS 2021

    4. Weapons Reviews An implementation of IHL in good faith requires an assessment whether means and methods of warfare can be used in conformity with IHL prior to their employment in international as well as non-international armed conflicts. Conducting legal reviews, as specified in article …

2020

  1. National Commentary by Switzerland

    25 August 2020State or organisation: SwitzerlandForum: GGE LAWS 2020

    Switzerland would like to recall the obligation of all States to “respect and ensure respect” for IHL (see common Article 1 to the Geneva Conventions) and the prohibition to use means and methods of warfare in contradiction to IHL. Therefore, an implementation of IHL in …

  2. Voluntary Report on the Implementation of IHL in Switzerland

    12 August 2020State or organisation: SwitzerlandForum: IC RCRC

    3.2 Procedure for assessing new weapons IHL legal framework Article 36 of Protocol I additional to the Geneva Conventions, which partly reflects customary international law,27 provides that in the study, development, acquisition or adoption of a new weapon, means or method of warfare, every state …

2018

  1. Statement by Switzerland

    29 August 2018State or organisation: SwitzerlandForum: GGE LAWS 2018

    [A political declaration] could spell out a number of measures such as transparency, legal reviews, best practices, technical standards or other policy measures.

  2. Statement by Switzerland

    13 April 2018State or organisation: SwitzerlandForum: GGE LAWS 2018

    A first example for concrete work in the CCW — whether triggered by a political declaration as just referred to, or by a more specific GGE mandate — are weapons reviews: This week showed again the centrality of the obligation to conduct legal reviews in …

  3. Statement by Switzerland

    11 April 2018State or organisation: SwitzerlandForum: GGE LAWS 2018

    Arguably, it might be possible in the future, to exert already a significant level of [human] control in the development and programming phase…Through legal reviews the capability to use a given system, in all or some circumstances, in compliance with international law can be verified.

  4. Statement by Switzerland

    9 April 2018State or organisation: SwitzerlandForum: GGE LAWS 2018

    Key elements of such a [political] declaration [by the CCW] could include: … In view of ensuring compliance, a reaffirmation of the obligation to review new weapons and to determine whether their employment would, in some or all circumstances, contravene existing international law; … Still …

2017

  1. Statement by Switzerland

    15 November 2017State or organisation: SwitzerlandForum: GGE LAWS 2017

    … with regard to legal reviews, there appears to be consensus that autonomous weapon systems qualify as weapons in the sense of Article 36 of Additional Protocol 1 and are the subject to a new weapons review process like any other weapon. In this regard, …

  2. A “compliance-based” approach to autonomous weapons

    10 November 2017State or organisation: SwitzerlandForum: GGE LAWS 2017

    19. Under IHL, the substantive rules described above are complemented by a procedural rule. As with any other weapon, means or method of warfare, States have the positive obligation to determine, in the study, development, acquisition or adoption of any [AWS], whether their employment would, …

  3. Weapons review mechanisms

    7 November 2017State or organisation: NetherlandsState or organisation: SwitzerlandForum: GGE LAWS 2017

    I. Summary 1. Limitations on the choice of methods and means of warfare can already be found in the oldest sources of international humanitarian law and were repeated and re-established in article 35 of the First Additional protocol (AP1). The preamble of the Convention on …

2016

  1. Statement by Switzerland

    13 April 2016State or organisation: SwitzerlandForum: MX LAWS 2016

    In this context, the obligation to conduct legal reviews is central to discussions on autonomous weapons systems. We see a number of challenges related to autonomous weapons systems distinct from traditional weapons reviews. Specifically, the question is how such systems and their specific characteristics can …

  2. Towards a “compliance-based” approach to LAWS

    30 March 2016State or organisation: SwitzerlandForum: MX LAWS 2016

    22. Under IHL, the substantive rules described above are complemented by a procedural rule. As with any other weapon, means or method of warfare, States have the positive obligation to determine, in the study, development, acquisition or adoption of any AWS, whether their employment would, …

2015

  1. Statement by Switzerland

    15 April 2015State or organisation: SwitzerlandForum: MX LAWS 2015

    As with any other weapon system, States must ensure that the development and use of LAWS are in compliance with existing international law. In this regard my delegation considers the duty to conduct legal reviews in the study, development, acquisition or adoption of a new …

  2. Statement by Switzerland

    13 April 2015State or organisation: SwitzerlandForum: MX LAWS 2015

    Le domaine de la transparence pourrait constituer un domaine idéal pour le développement de premières mesures concrètes, et auraient en sus l'avantage de contribuer à éclairer les discussions futures sur la thématique. La question de l'examen au niveau national de la licéité de nouvelles armes, …

2014

  1. Statement by Switzerland

    13 May 2014State or organisation: SwitzerlandForum: MX LAWS 2014

    Le fait de posséder une base légale solide ne devrait pas pour autant nous amener à faire preuve de complaisance. Bien au contraire, certains aspects légaux doivent être réaffirmés et soulignés. Une question devra notamment être abordée : celle de savoir si la réalisation des …

  2. Statement by Switzerland (May 2014)

    2014State or organisation: SwitzerlandForum: MX LAWS 2014

    Dans le domaine juridique, nous relevons également l'importance attachée à la thématique de l'examen juridique des méthodes et moyens de guerre lors de nos discussions. Il s'agit là certainement d'un sujet central à préciser plus avant, tout comme la thématique de la responsabilité et la …

2005

  1. IHL and ERW: Response from Switzerland

    3 August 2005State or organisation: SwitzerlandForum: WG ERW

    33. Switzerland has implemented a review mechanism within the defence structure. At the beginning of a procurement process, the IHL section of the staff of the chief of the armed forces is consulted by the organization in charge for the procurement project. The IHL-section may …