The Review Process

All States are required by international law to determine the legality of its weapons before they are used in armed conflict. International law does not however require a particular method of review. The legal review obligation is one of result and is fulfilled by the State’s assessment that its weapon capabilities comply with its international legal obligations.

States Party to the First Additional Protocol the Geneva Conventions of 1949 generally recognise four steps that form the basis of a weapons review. See the Step by Step graphic on this page.

Weapon reviews are often conducted during the State capability acquisition process to inform acquisition or adoption decisions.

Legal review of autonomous systems

The legal review of autonomous weapons, including weapons enhanced by Artificial Intelligence (AI), requires additional legal review considerations to those applied during the tradition review process. In particular, those aspects of autonomous functionality that engage the reviewing States legal obligations must be the subject of careful analysis to ensure that the AI design, programming and training accurately reflects and enables compliance with legal obligations.

UQ Podcast

In this episode, Dr Lauren Sanders talks with Damian Copeland about one of the most important legal issues raised by autonomous weapons: how states might carry out weapons reviews of these technologies. The application of this obligation to autonomous weapons will have several challenges. Where a device has the capacity for self-learning, will one single review suffice? Will States be able to take on trust reviews carried out by weapons developers?

Preliminary Step

Requirement and Scope

Is the object a “new weapon, means or method of warfare
What is the “normal or expected use”
Gather data: Medical, technical, operational, environmental.

Step 1

Specific Prohibitions & Restrictions

Is the weapon or method of warfare subject to a specific international treaty law that binds the reviewing State or Customary International Law?

Step 2

General Prohibitions & Restrictions

Is the weapon or method of warfare subject to a general prohibition or restriction that binds the reviewing State or Customary International Law?

Step 3

Other Considerations

National Policy
New international law prohibitions or restrictions
Martens clause

Final Step

Report

Pass
Fail
Pass with restrictions on use