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Weapons and the Law of Armed Conflict$
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William Boothby

Print publication date: 2009

Print ISBN-13: 9780199569946

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199569946.001.0001

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Compliance with International Weapons Law

Compliance with International Weapons Law

Chapter:
(p.332) 19 Compliance with International Weapons Law
Source:
Weapons and the Law of Armed Conflict
Author(s):

William H. Boothby

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199569946.003.0019

This chapter starts by examining the compliance provisions of weapons law treaties. The relative absence of such provisions in early treaties is noted, and the compliance regimes in later treaties are referred to and considered. After referring to the role of legal advice to commanders and of domestic legislation in securing compliance with these rules, the important requirement placed on states to conduct weapons reviews is then discussed in some detail. The treaty obligation in article 36 of AP1 is explained, and the discussion clarifies what should be reviewed, the rules that should be applied when undertaking such reviews, weapons review procedures, the establishment of a reviewing authority, and the procurement stages at which a review should be sought. Throughout, the focus is on giving practical assistance to those tasked with establishing and/or operating a weapons review system. The guidance on the subject issued by the ICRC is critiqued.

Keywords:   domestic legislation, advice to commanders, legal reviews, weapon assessment criteria, legal review data, meaning of weapon, means and method

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