Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-wq2xx Total loading time: 0 Render date: 2024-04-16T10:37:03.086Z Has data issue: false hasContentIssue false

5 - Interpretation of Article 36: The Process and Standard of Review

Published online by Cambridge University Press:  16 December 2021

Natalia Jevglevskaja
Affiliation:
University of New South Wales, Sydney
Get access

Summary

Relying on the methodology explained in Chapter 3, Chapter 5 clarifies the duty bearer of the weapons review obligation — ‘a High Contracting Party’ — and considers the process and standard of review covered by the terms ‘study, development, acquisition or adoption’, ‘to determine’, ‘in some or all circumstances’ and ‘this Protocol or … any other rule of international law’. It concludes that the Article 36 obligation rests on each State Party to Additional Protocol I and allows for variations in terms of form and procedure. While the establishment of a standing or permanent mechanism is not required as a matter of law, States regularly developing or purchasing weapons must adopt a certain internal approach or coherent national measures to examine the legality of new weapons. The legal standard of review indisputably comprises treaty and customary law of armed conflict. However, the proposition advanced in the legal literature to extend the review scope to human rights is unlikely to enhance protection already offered under the law of armed conflict and thus justify the inclusion of such rights in the Article 36 analysis. [181 words]

Type
Chapter
Information
International Law and Weapons Review
Emerging Military Technology under the Law of Armed Conflict
, pp. 122 - 162
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×