Frequently Asked Questions
What is an Article 36 legal review and does does it apply to my research and development?
What is an Article 36 legal review?
Article 36 of Additional Protocol I to the Geneva Conventions requires the 174 countries bound by the obligation to conduct legal reviews to determine the legality of new weapons before their use in armed conflict. It states:
‘In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law‘.
Who conducts Article 36 legal reviews?
Article 36 legal reviews are national processes usually conducted by legal advisors within the Department or Ministry of Defence.
When is an Article 36 legal review conducted?
Article 36 legal reviews are generally conducted during the study, development, acquisition or adoption of new weapons. The results of the legal review often inform the government decisions to acquire a new capability.
Does Article 36 apply to my research or development?
If the answer to one or more of these questions is ‘yes’, Article 36 is likely to apply:
a. Is the capability designed to cause harm (including temporary pain), injury or death to combatants in an armed conflict?
b. Is the capability designed to cause damage or destruction to, or neutralise, an object in an armed conflict, including by cyber means?
c. Is the capability designed to augment the operation of a weapon, including by aiding human decisions regarding the use of the weapon?
d. Is the capability an existing weapon that is being acquired by your client for the first time?
e. Is the capability an existing weapon that is already in-service with your client but you are conducting a material modification to its design or operational use?