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.
19 positions Domestic (remove filter)
2025
Canada, Military Manual
Section 2. CAF-Issued Weapons and Ammunition 4. Canada is obligated to review new weapons, means and methods of warfare for compliance with LOAC before they are authorized for CAF use. CAF commanders and members can have confidence that CAF-issued weapons and ammunition are lawful for …
2024
Czech Republic, Position Paper on the Application of International Law in Cyberspace
38. Principles and rules of IHL applicable in armed conflict govern all forms of warfare and all means or methods of warfare, including those of the future.28 This is confirmed also by Article 36 of Additional Protocol I requiring States to review the lawfulness of …
2023
Letter (No 1) from the Minister of State for Defence Procurement
‘Article 36’ weapons reviews The United Kingdom is legally obliged to ensure that all weapons and associated equipment that it obtains, plans to acquire, or develops comply with the UK's treaty and other obligations under International Humanitarian Law (specifically Article 36 of The First Protocol …
Letter (No 2) from the Minister of State for Defence Procurement
2.3 ‘Black Box’ AI and Article 36 Reviews As noted in my previous letter, Article 36 Reviews are conducted to ensure that a weapon is capable of being used lawfully, having regard to all of the principles of IHL, in the context of its use …
2022
Canada, International Law Applicable in Cyberspace
50. States that are Parties to Additional Protocol I to the Geneva Conventions are required to review new weapons, means or methods of warfare to ensure compliance with IHL.32 This obligation applies in the context of cyber capabilities and activities, although not all cyber capabilities …
France, Military Manual
5.6. The legal review of new weapons, means and methods of warfare Under Article 36 of AP I, in the study, development, acquisition or adoption of a new weapon, means or method of warfare, States parties are under an obligation to determine whether its employment …
2021
Opinion on the Integration of Autonomy into Lethal Weapon Systems
c) Compliance: ensure legality is correctly monitored throughout the life cycle of weapon systems (126) Article 36 of Additional Protocol I to the Geneva Conventions of 12 August 1949 relating to the protection of victims of international armed conflicts of 8 June 1977 (Protocol I) …
2020
Norway, Letter to the defense sector
2.1.4.5.2 Vurdering av våpen og krigføringsmetoder Norge er etter første tilleggsprotokoll til Genèvekonvensjonene, artikkel 36, i forbindelse med gjennomføring av studier, utvikling, anskaffelse eller godkjenning av et nytt våpen eller nye krigføringsmetoder eller -virkemidler, forpliktet til å avklare om bruken i sin alminnelighet eller i …
Parliamentary Commission Report
En France, le ministère des Armées a remis à plat les procédures internes relatives à l’examen de la licéité des armes ; une instruction a été communiquée en 2019 afin d’expliquer sa mise en application. Le champ d’application de l’article 36 du premier protocole additionnel …
2019
United States, Military Manual (Land Warfare)
Ensuring the Legality of Weapons and Weapon Systems 2-200. Under longstanding DOD policies, there are requirements to review the legality of the acquisition or procurement of weapons. Although the United States is not a party to Additional Protocol I, many allies and potential multinational partners …
New Zealand, Military Manual
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 …
2016
Denmark, Military Manual
10. Weapons Review 9.19. In connection with Denmark’s study, development, acquisition, or adoption of a new weapon, means, or method of warfare, Denmark is under an obligation to determine whether its employment, in some or all circumstances, would be prohibited by AP I or by …
Denmark, Military Manual
9.19. In connection with Denmark’s study, development, acquisition, or adoption of a new weapon, means, or method of warfare, Denmark is under an obligation to determine whether its employment, in some or all circumstances, would be prohibited by AP I or by any other rule …
2015
United States, Military Manual
6.2 DoD Policy of Reviewing the Legality of Weapons As provided in DoD issuances, DoD policy for many years has required the legal review of the intended acquisition or procurement of weapons or weapon systems; this review includes ensuring that such acquisition or procurement is …
2014
Norway, Answer to parliamentary question
Spørsmål Kåre Simensen (A): Hva vil regjeringen gjøre for at Norge kan bidra til å møte utfordringene utlikningen av mer avansert våpenteknologi reiser for krigens folkerett? Grunngiving Det er viktig å bidra til klare rammer for internasjonal forsvarsindustri, og at man sikrer strenge internasjonale regler …
2013
Norway, Military Manual
New weapons – requirement of an international law weapons review 8.9 In the study, development, acquisition or adoption of a new weapon, means or method of warfare, Norway is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited …
2006
Australia, Military Manual
4.1 Weapons, projectiles, materials and means of warfare which cause unnecessary injury or suffering are not permissible, that is, when the practical effect is to cause injury or suffering which is out of proportion to the military effectiveness of the weapon, projectile, material or means. …
2004
United Kingdom, Military Manual
6.20 States party to Additional Protocol I are under an obligation ‘in the study, development, acquisition or adoption of a new weapon, means or method of warfare . . . to determine whether its employment would, in some or all circumstances, be prohibited by [Additional …
2001
Canada, Military Manual
530. Development of Acquisition of New Weapons 1. In the study, development, acquisition or adoption of a new weapon, means or method of warfare, there is an obligation to determine whether its employment would, in some or all circumstances, be prohibited by the LOAC. AP …