Are you Playing TRL Snakes and Ladders?
In the development of military technology, the journey from concept to deployment is often characterised through Technology Readiness Levels (TRLs). This structured framework, ranging from TRL 1 (basic principles observed) to TRL 9 (actual system proven in operational environment), is designed to guide Research and Development (R&D) through the maturation of their technologies.
However, neglecting legal compliance, particularly under international humanitarian law (IHL), during the early stages can transform this structured progression into a perilous game of "snakes and ladders."
The TRL Ascent: A Cautionary Tale
Imagine a defense industry innovator embarking on an ambitious project. At TRL 1, they identify a groundbreaking concept. Through rigorous R&D, they advance to TRL 5, demonstrating component validation in a relevant environment.
Confident in their progress, they present their technology during a defence tender process. However, they're met with a critical setback: the capability doesn't meet IHL requirements. This revelation necessitates a fundamental redesign, effectively sending the project back to TRL 2.
This scenario isn't hypothetical. The absence of early legal input to the design, especially considering the legal review requirements under Article 36 of Additional Protocol I to the Geneva Conventions, can lead to such regressions. Article 36 mandates that States determine whether the employment of new weapons would be prohibited under international law.
The Importance of Early Legal Integration
Integrating legal considerations from the outset ensures that potential compliance issues are identified and addressed early, preventing costly redesigns and delays. This proactive approach aligns with our "Lawful by Design" initiative, which advocates for embedding legal and ethical considerations into the earliest stages of military technology design.
By doing so, developers can navigate the TRL ladder more smoothly, avoiding the pitfalls of non-compliance that can derail progress.
Strategies for Legal Compliance To avoid the "snakes" in the TRL journey:
To help avoid the costly relays and to achieve a competitve edge, industry technology developers can consider:
Early Legal Consultation: Engage legal experts during the conceptual phase to assess potential IHL implications.
Continuous Review: Implement ongoing legal assessments throughout the development process to ensure compliance as the technology evolves.
Training and Awareness: Educate R&D teams on IHL principles to foster a culture of compliance.
Conclusion
The path of military technology development is fraught with challenges, but by integrating legal considerations from the beginning, developers can avoid the setbacks that turn progress into regression. Remember, in the game of TRL snakes and ladders, foresight and proactive legal integration are your best allies.
