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.
4 positions GGE Cyber 2021 (remove filter)
2021
Voluntary national contribution of Brazil on the subject of how international law applies to the use of information and communications technologies by States
… according to AP I, States have 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.40 This norm, although being less strict than …
Voluntary national contributions of Germany on the subject of how international law applies to the use of information and communications technologies by States
The obligation to take precautions in attack is complemented by the obligation to conduct weapon reviews of any new means or method of cyber warfare to determine whether its employment would, in some or in all circumstances, be prohibited by international law.96 The findings of …
Australia’s submission on International Law to be Annexed to the Report of the 2021 Group of Governmental Experts on Cyber
Australia, and other States parties to Additional Protocol I to the Geneva Conventions of 1949 are required under Article 36 to determine whether the employment of new weapons, or means or method of warfare, would, in some or all circumstances be prohibited by Additional Protocol …
Switzerland’s Position Paper on the Application of International Law in Cyberspace
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 …