International Law and Weapons Review: Emerging Military Technology under the Law of Armed Conflict

International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments – Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities. It argues that Article 36 is sufficiently broad to cover a wide range of military systems and offers States the necessary flexibility to adopt a process that best suits their organisational demands. While sending a clear signal that law should not simply follow technological developments, but rather steer them, the provision has its limits, however, which are shaped and defined by the interpretative decisions made by States.

• Offers the first comprehensive and systemic analysis of States' duty under international law to carry out weapons reviews
• Provides a clear and transparent interpretative methodology
• Draws on empirical research with three groups of stakeholders, including legal and defence officers of national governments entrusted with the task of weapons reviews; legal officers of the ICRC whose work includes raising awareness of the importance of conducting Article 36 reviews; and delegates to, and experts and observers at, the 1974-1977 Diplomatic Conference who participated in or attended the drafting process of Article 36