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.
24 positions MX LAWS 2015 (remove filter)
2015
Statement by Article 36
… in relation to article 36 weapons reviews and processes, we are strongly supportive of efforts to increase scrutiny over the development and use of weapons, means and methods of warfare, including in the context of legal reviews under additional protocol I. We think this …
Statement by Colombia
In Colombia, all new weapons acquired by security agencies, whether imported or produced domestically by the Colombian military industry, are reviewed to ensure that they comply with the parameters of Article 36 of Additional Protocol I to the Geneva Convention. En Colombia toda arma nueva …
Statement by Germany
With respect to possible approaches to the implementation of the weapons review process, we would like to share our respective national format. In order to foster the implementation of the obligation under Article 36 AP I, Germany has established a Steering Group "Review of new …
Statement by Germany
A number of delegations including Germany have already presented the general outline of their national legal review procedures under Article 36 AP I during this week. We see merit in elaborating further on the idea to share national regulations in this regard, to look for …
Statement by Ghana
We join the recommendation made by other delegations that Member States commit to engage in discussions that should enable us establish a weapons review mechanism to ensure the prevalence of transparency and enable the international community monitor weapon developments. This must constitute a part of …
Statement by Pakistan
The suggestion to limit the evaluation of the development and employment of LAWS to a purely national exercise including national reviews under Article-36, while appealing and convenient for the developers of such technologies, is not convincing or satisfactory for us and the large majority present …
Statement by the ICRC
The ICRC welcomes the wide recognition by States that legal reviews at the domestic level of autonomous weapon systems, as with any new weapon, are required under Article 36 of Additional Protocol I to the Geneva Conventions or under customary international humanitarian law. We wish …
Statement by Cuba (16 April 2015)
Reafirmamos que debe respetarse el artículo 36 del Protocolo Adicional I de los Convenios de Ginebra de 1949, relativo a la protección de las víctimas de los conflictos armados, el cual establece que “Cuando una Alta Parte contratante estudie, desarrolle, adquiera o adopte una nueva …
Statement by Article 36
In relation to weapons review, we would agree with the ICRC that there are too many questions related to AWS to leave it up to national legal reviews of weapons to address them. Application of these reviews is already weak: The level of compliance is …
Statement by Greece
The question which then arises is how does one operationalize this ethical concern into a legal provision. The only legal principle which comes to mind is the Martens Clause, given its dependence on the dictates of public conscience. Does though such a general principle suffice …
Statement by Switzerland
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 …
Statement by the ICRC
[…] Challenges to respect for IHL posed by predictability and reliability of the weapon As weapon systems become more autonomous, are increasingly able to determine their own actions, and are deployed for lengthier periods and in more complex environments, the results/outcomes of their use will …
Statement by Israel
A third assumption is that the use of future LAWS, as any other means of warfare, must comply with the applicable rules of IHL. In fact, prudent employment of LAWS may even promote compliance with IHL. In this context, it seems that states should, when …
Statement by Switzerland
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, …
Statement by the Czech Republic
There are obvious risks associated with introduction of weapons with autonomous capabilities, but as with any other weapon there are undoubtedly certain benefits as well. The risks would be mitigated by the obligation of states to review these new weapons against the requirements of international …
Statement by the ICRC
… Lessons learned from the legal review of autonomy in the critical functions of existing and emerging weapon systems could help to provide a guiding framework for future discussions. In this respect, the ICRC welcomes the wide recognition of the obligation for States to carry …
Statement by the Netherlands
On the question of legality of weapon systems we are guided by international law and in particular by International Humanitarian Law. All weapon systems (and their eventual use in armed conflicts) should meet the rules and regulations of international law. Part of that is Art. …
Statement by Cuba
Cuba reafirma que en tanto no exista una norma internacional que prohíba estas armas, las mismas deben regirse por las disposiciones del Derecho Internacional. Las nuevas tecnologías tienen que acogerse a lo ya dispuesto en el artículo 36 del Protocolo I Adicional a los Convenios …
Statement by Germany
Technology develops in unforeseeable ways and comes in virtually unlimited varieties of shapes and modes of action. Fundamental principles of International Humanitarian Law in tune with this challenge avoid for good reasons specifications of particular technologies. The general-abstract approach of International Humanitarian Law keeps it …
Statement by Poland
Much consideration might be given by High Contracting Parties to CCW to the establishment of informal and voluntary mechanisms enabling information and best practices exchange on national “legal reviews”. Poland is ready to support solutions that would bring more transparency and reflect the idea of …
Statement by Sweden
As a step forward, at this stage, we believe that developing information -‐ sharing measures among interested states is a useful way to go. We have listened carefully to suggestions on this from the expert panel and to comments from States and believe that it …
Statement by the Netherlands
… we also see value to further discuss the idea of a peer review process on Article 36.
Statement by the United Kingdom
From our perspective, to discuss LAWS is to discuss means and methods of warfare. As such, international humanitarian law provides the appropriate paradigm for discussion. To that end, we look forward to sharing our views on the process of Legal Weapons Review. That is a …
Statement by the United Kingdom
3. The UK takes its obligations under IHL extremely seriously. As required by Additional Protocol 1 to the Geneva Convention, the UK conducts legal reviews of weapons in accordance with Article 36 of the Protocol. The UK is aware that despite the large numbers of …