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19 Compliance with International Weapons Law

From: Weapons and the Law of Armed Conflict (2nd Edition)

William H. Boothby

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 November 2020

Subject(s):
Armed conflict, international — Armed conflict, non-international — International criminal law, victims — Weapons control — Weapons, conventional

This chapter discusses the mechanisms that are designed to ensure compliance by States with their weapons law obligations. Treaties may include specific provisions in relation to compliance. Early treaties did not address the issue but some later weapons law treaties do. Compliance is also assisted by the provision of legal advice to commanders, by relevant provision in domestic legislation, and most importantly by the legal obligation that all States undertake a legal review of all new weapons. The article 36, Additional Protocol 1 provision is discussed, and from a practical perspective the things that must be reviewed are explained, the criteria against which the judgement should be made are set forth, the required data to support such a review are listed, and possible procedures associated with such reviews are addressed. ICRC Guidance on the conduct of such reviews is referred to, and critiqued.

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