How can states ensure that new weapons and military technologies comply with international law before they are used in armed conflict?

This question is becoming increasingly urgent as armed forces adopt technologies involving artificial intelligence, autonomous functions and cyber capabilities, often developed and acquired through complex and rapidly evolving processes.

Under Article 36 of Additional Protocol I to the Geneva Conventions, states party to the Protocol are required to assess whether new weapons, means and methods of warfare would be prohibited under international law.

While this obligation has existed since 1977, translating it into effective national practice remains a challenge. States need not only legal expertise, but also clear institutional responsibilities, access to technical information and procedures that integrate legal assessments into the development, procurement and use of military capabilities.

The humanitarian purpose of Article 36 is served not only by a clear understanding of the law, but also by institutions capable of applying it.

DCAF's Guide for Operationalizing Article 36 provides practical guidance on establishing and strengthening national legal review mechanisms. It approaches weapons reviews not only as a requirement of international humanitarian law, but also as an important element of good security sector governance, linking legal compliance with responsible procurement, institutional accountability and effective oversight.

Drawing on existing international guidance, national practice and consultations with experts and practitioners, the Guide explains how states can design review mechanisms suited to their institutional structures and conduct legal assessments step by step. It also addresses the particular challenges posed by emerging technologies, including AI-enabled, autonomous, cyber and software-defined systems.

To support practical implementation, the Guide offers adaptable checklists, templates, assessment tools and a training framework, covering everything from identifying when a review is required to documenting decisions and reassessing systems as they evolve.

Intended primarily for legal advisers and defence officials, the Guide is also relevant to procurement authorities, technical experts, policymakers and others involved in the development and governance of military capabilities.

The publication benefited from contributions by the Responsible by Design Institute and the Ministry of Defence of Ukraine and was made possible through the support of the Swiss Federal Department of Defence, Civil Protection and Sport (DDPS).