Book contents
- International Law and Weapons Review
- International Law and Weapons Review
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Table of Treaties and Other Selected Instruments
- Abbreviations
- 1 Introduction
- 2 Article 36: Background and Historical Development
- 3 Interpretative Methodology
- 4 Interpreting Article 36: The Object of Review
- 5 Interpretation of Article 36: The Process and Standard of Review
- 6 Weapons Review Obligation under Customary International Law
- 7 Weapons Reviews under the System of AP I
- 8 Challenges to Article 36 Reviews Posed by Autonomous Weapons Systems (AWS)
- 9 Challenges to Article 36 Reviews Posed by (Autonomous) Cyber Capabilities
- 10 Concluding Remarks
- Index
6 - Weapons Review Obligation under Customary International Law
Published online by Cambridge University Press: 16 December 2021
- International Law and Weapons Review
- International Law and Weapons Review
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Table of Treaties and Other Selected Instruments
- Abbreviations
- 1 Introduction
- 2 Article 36: Background and Historical Development
- 3 Interpretative Methodology
- 4 Interpreting Article 36: The Object of Review
- 5 Interpretation of Article 36: The Process and Standard of Review
- 6 Weapons Review Obligation under Customary International Law
- 7 Weapons Reviews under the System of AP I
- 8 Challenges to Article 36 Reviews Posed by Autonomous Weapons Systems (AWS)
- 9 Challenges to Article 36 Reviews Posed by (Autonomous) Cyber Capabilities
- 10 Concluding Remarks
- Index
Summary
Chapter 6 examines whether the weapons review obligation as formulated under Article 36 could have now attained customary international law status with the consequence that even States not party to Additional Protocol I are equally required to review weapons for their compliance with applicable international law. This issue remains contentious in the legal literature, with some commentators supporting the customary nature of Article 36 and others being less certain of this obligation. The chapter argues that, in the absence of ‘extensive and virtually uniform’ State practice showing that new weapons, means and methods of warfare are reviewed at the earliest stage in the acquisition process as a matter of law, no customary rule mirroring Article 36 exists. The chapter also demonstrates that, contrary to the argument advanced in the expert literature, an obligation narrower in scope – requiring States to review weapons ‘before fielding’ – also cannot be ascertained. Such an argument is simply not persuasive given the lack of required State practice and opinio juris. [164 words]
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- International Law and Weapons ReviewEmerging Military Technology under the Law of Armed Conflict, pp. 163 - 194Publisher: Cambridge University PressPrint publication year: 2021