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4 - Interpreting Article 36: The Object of Review

Published online by Cambridge University Press:  16 December 2021

Natalia Jevglevskaja
Affiliation:
University of New South Wales, Sydney
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Summary

Relying on the methodology explained in the preceding chapter, Chapter 4 examines the object of the review procedure – ‘a new weapon, means and methods of warfare’. It argues that the object of the review has a broad meaning and covers a wide range of existing and emerging military technology designed or, in certain circumstances, used to trigger damage to objects or injury to individuals. ‘Methods of warfare’ relate to the ways weapons are used as well as operational tactics, techniques and procedures resorted to on a structural basis. The provision covers military capabilities newly introduced into the State’s arsenal, state-of-the-art weapons technology, and existing weapon systems that are adapted in a way that alters their use or effects. [118 words]

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International Law and Weapons Review
Emerging Military Technology under the Law of Armed Conflict
, pp. 87 - 121
Publisher: Cambridge University Press
Print publication year: 2021

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