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.

2024

  1. Submission by Brazil to the Secretary-General

    June 2024State or organisation: BrazilForum: UNGA Res 78/241

    Therefore, it should be in the interest of States and private companies to draw clear standards, in order to avoid exposure to legal risk as a consequence of violations of IHL committed with the use of AWS that they have developed, produced, acquired or deployed.

  2. Submission by the Republic of Moldova to the Secretary-General

    30 May 2024State or organisation: MoldovaForum: UNGA Res 78/241

    […] existing international humanitarian law (Article 36 "New Weapons" of the First Additional Protocol to the Geneva Conventions, signed on 12 August 1949) provides that "in the research, development, acquisition or adoption of new means or methods of warfare, a High Contracting Party shall be …

  3. Submission by Argentina to the Secretary-General

    24 May 2024State or organisation: ArgentinaForum: UNGA Res 78/241

    In 2018 and 2019, Argentina presented documents CCW/GGE.1/2018/WP.2 and CCW/GGE.1/2019/WP.6, highlighting the existing obligations to conduct weapons assessments under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions of 1949[.]

  4. Submission by Japan to the Secretary-General

    24 May 2024State or organisation: JapanForum: UNGA Res 78/241

    6. Legal review (a) In the study, development, acquisition or adoption of a new weapon, means or method of warfare, it must, in accordance with the obligations of states under international law, be determined whether their use/employment is prohibited by international law in some or …

  5. Submission by Sweden to the Secretary-General

    15 May 2024State or organisation: SwedenForum: UNGA Res 78/241

    Review process States are obligated to determine whether the employment of a new weapon would be prohibited under international law. In Sweden, this is carried out by the Delegation for International Humanitarian Law Monitoring of Arms Projects. All defence-related authorities must, without delay, report to …

  6. Submission by Australia to the Secretary-General

    May 2024State or organisation: AustraliaForum: UNGA Res 78/241

    Legal review of LAWS 22. Legal reviews are a critical safeguard for ensuring all weapons systems are capable of being used in compliance with IHL. A legal review (often referred to as a ‘weapons review’) is the process by which States determine the lawfulness of …

  7. Submission by Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Kazakhstan, Nigeria, Panama, Peru, the Philippines, Sierra Leone and State of Palestine to the Secretary-General

    May 2024State or organisation: ChileState or organisation: ColombiaState or organisation: Costa RicaState or organisation: Dominican RepublicState or organisation: EcuadorState or organisation: El SalvadorState or organisation: GuatemalaState or organisation: KazakhstanState or organisation: NigeriaState or organisation: PanamaState or organisation: PeruState or organisation: PhilippinesState or organisation: Sierra LeoneState or organisation: State of PalestineForum: UNGA Res 78/241

    The draft Protocol includes a preamble and eight (8) articles: (1) General Provisions, (2) Characterization, (3) Prohibitions, (4) Regulations, (5) Review of Weapons, (6) Risk Mitigation, (7) Compliance, and (8) Consultations of High Contracting Parties …. [Annex: CCW/GGE.1/2023/WP.6]

  8. Submission by India to the Secretary-General

    May 2024State or organisation: IndiaForum: UNGA Res 78/241

    Particular importance is attached to the conclusions contained in the Report of the 2023 session of the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems which state inter alia that:- … “In accordance with States’ obligations under international …

  9. Submission by Italy to the Secretary-General

    May 2024State or organisation: ItalyForum: UNGA Res 78/241

    In addition to these principles, Art. 35 of Additional Protocol I to the Geneva Conventions reaffirms that methods and means or warfare are not unlimited, a concept that is operationalised by art. 36, which imposes an obligation on States parties to ensure unlawful weapons are …

  10. Submission by New Zealand to the Secretary-General

    May 2024State or organisation: New ZealandForum: UNGA Res 78/241

    17. Weapons reviews4 are an important part of national obligations to respect and ensure respect for IHL, and New Zealand supports their strengthening. While weapons reviews are necessary for AWS, New Zealand sees these as insufficient on their own to address concerns about AWS and …

  11. Submission by Sri Lanka to the Secretary-General

    May 2024State or organisation: Sri LankaForum: UNGA Res 78/241

    14. Sri Lanka welcomes adoption of non-binding voluntary measures such as Codes of Conduct and political declarations on the use of AWS as progressive developments. However, such measures would only be of complementary value strengthening the normative framework on the issue given their insufficiency to …

  12. Submission by the Philippines to the Secretary-General

    May 2024State or organisation: PhilippinesForum: UNGA Res 78/241

    7. Weapons review. A crucial implication of the applicability of international law is that states have an obligation to undertake national weapons review. In the study, development, acquisition, or adoption of any new weapon, means or method of warfare, determination must be made whether its …

  13. Submission by the Russian Federation to the Secretary-General

    May 2024State or organisation: RussiaForum: UNGA Res 78/241

    The 1977 Additional Protocol I (AP I) to the Geneva Conventions of 1949 also contains an important obligation regarding conduction of legal reviews during the study, development, acquisition or adoption of new weapons. Meanwhile, the article 36 does not contain any provisions on how exactly …

  14. Submission by the United Kingdom to the Secretary-General

    May 2024State or organisation: United KingdomForum: UNGA Res 78/241

    [U]nder IHL the right of the Parties to a conflict to choose methods or means of warfare is not unlimited. This is emphasised by the obligation on States, under Article 36 of Additional Protocol I to the Geneva Conventions, to determine whether the employment of …

  15. Submission by Canada to the Secretary-General

    2024State or organisation: CanadaForum: UNGA Res 78/241

    In accordance with Article 36 of Additional Protocol I to the Geneva Conventions, Canada conducts national legal reviews of new weapons, means or methods of warfare, to ensure IHL compliance. Canada ensures this necessary element first through its national legal reviews of all new weapons, …