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.
27 positions GGE LAWS 2021 (remove filter)
2022
Written Contributions on Possible Consensus Recommendations
Legal Framework & Norms … Legal reviews of new weapons means and methods of warfare are crucial to determining whether a system can be used in compliance with IHL — states must revise and develop methodologies and ensure rigorous reviews in step with the emergence …
2021
Building on Chile’s proposed four elements of further work
Weapons Reviews Relevant Guiding Principles: In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by …
Considerations for the report of the Group of Governmental Experts
15. The Russian Federation fully complies with its obligations under Article 36 of Additional Protocol I of 1977 (AP I) to the 1949 Geneva Conventions. Our country has a nationwide system which makes it possible, on the basis of the existing legal and regulatory framework, …
Joint Working Paper
9. … Our delegations are of the view that stronger focus should be given to the following principles, which should be the elements of a normative framework on LAWS: (j) … States should be transparent regarding all aspects of the development of their weapons systems, …
Outline for a normative and operational framework on emerging technologies in the area of LAWS
II. Operational Framework 3. To operationalize the principles enshrined in the normative framework, the High contracting Parties could agree on a compilation of measures and policies, to be implemented at national level: … (b) To operationalise the general provision 2c, an appropriate/sufficient scheme of human …
Possible consensus recommendations in relation to the clarification, consideration and development of aspects on the normative and operational framework on emerging technologies in the area of LAWS
9. … within the future normative and operational framework, High Contracting Parties should: … ii. Undertake and implement national policies and measures in order to regulate the development and use of partially autonomous lethal weapons systems, guided by the following principles: (i) ensure full compliance …
U.S. Proposals on Aspects of the Normative and Operational Framework
D. U.S. Proposals on Weapons Reviews Guidelines and good practices for militaries to consider using in conducting legal reviews of weapons systems based on emerging technologies in the area of LAWS 11. Legal advisers should be consulted regularly in the development or acquisition process as …
Written contribution of France on possible consensus recommendations
This paper is submitted under the responsibility of the Chair. The following are elements for discussion for possible inclusion in the report of the GGE, which will be prepared at a later stage. This paper does not prejudge the outcome of the 2021 GGE session, …
Written contribution of Estonia on possible consensus recommendations
5. … Estonia welcomes the addition of a section dedicated to weapons reviews in the draft elements of possible consensus recommendations. We agree, inter alia, that weapons reviews should be conducted when a weapon is modified or used differently from its original intended use. Estonia …
Answers by Spain to the Guiding Questions
Which decisions, activities, and processes across the life-cycle of a weapons system would collectivelycontribute towards and enable appropriate human-machine interaction/human control/human judgment?What would be the interaction between these various decisions, activities, and processes and how would theyvary based on the operational context and the characteristics …
Answers by the Netherlands to the Guiding Questions
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 …
Statement by Poland
Section 5 — Weapon reviews 1. In para 1 we see the need to invoke article 36 of [API]. The new para would read as follows: “In accordance with the obligations of States under international law, in relation to Art. 36 of [API], in the …
Statement by Israel
In an effort to contribute to the [Article 5] discussions, Israel has actively participated in the meetings, contributed with participation of relevant experts and also took the opportunity to elaborate on its weapons review procedure… Lastly, another issue that seems to necessitate further discussions is …
Statement by Japan
In order to ensure that the military use of emerging technologies in the area of LAWS is in compliance with international legal obligations, particularly [IHL], we must carefully study the use in the entire life cycle of weapons systems. In particular, the hardware and software …
Statement by Malta
My delegation believes that conducting reviews as specified in article 36 of [AP I] provides an important role in weapons development and likewise that through such reviews, it is more likely to establish whether new technologies in the area of LAWS should be prohibited or …
Statement by Sweden
Going forward, the GGE needs to continue to examine and clarify the type of normative or regulatory framework needed to effectively address issues related to emerging technologies in the area of LAWS. The GGE should also further explore how weapons reviews can be enhanced and …
Comments by New Zealand on the Chair’s paper
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 …
Written contribution of Poland on possible consensus recommendations
6. The Group will also consider facilitating a voluntary exchange of national practices and experiences, where they exist, in the area of legal reviews of new weapons, according to Article 36 of [API].
Possible recommendations in relation to the clarification, consideration and development of aspects of the normative and operational framework
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, …
Written contribution of Finland on possible consensus recommendations
Weapon systems including autonomous features or functions and the intended military task to be resolved require contextual review. To determine compliance/non-compliance with IHL of LAWS for the given task in certain circumstances, three interlinked key elements should be studied in all phases of preparation and …
Written Contribution of the European Union on Possible Consensus Recommendations
Weapons reviews A normative and operational framework Should acknowledge that national legal weapon reviews provide an important framework to determine whether a new weapons system, means or method of warfare can be used in compliance with international law. In accordance with States’ obligations under international …
Elements for a Future Normative Framework
Recommendations towards a normative framework 11. In the study, development, acquisition or adoption of any AWS, States must be able to determine whether its employment would, in some or all circumstances, be prohibited by IHL or any other applicable rule of international law. It is …
Food for thought by Switzerland
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 …
Joint submission on possible consensus recommendations
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 …
National Commentary by the Philippines
Having agreed upon these general premises, there is now enough basis to negotiate a legally-binding Protocol under the Convention that will contain prohibitions or regulations in the area of LAWS and other advanced weapon systems. The GGE should now be given the mandate to discuss …
Written contribution of Canada on potential consensus recommendations
… We also ensure strict adherence to IHL throughout the lifecycle of the weapon. In accordance with Article 36 of [API], Canada conducts national legal reviews of new weapons, means or methods of warfare, to ensure IHL compliance. Canada also strictly adheres to IHL in …
Written contribution of Spain on possible consensus recommendations
States should assess, through legal reviews, whether human involvement in the new system would violate IHL principles. In case a legal review identifies a use that might be problematic, doctrine and training should be drafted and implemented in such a way that they allow the …