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or customary international law has prohibited its use under all circumstances. 2 For example, theuse of “blinding laser” weapons is prohibited, regardless of how they are used. 3On the other hand, most weapons are not illegal per se. That is, their use may be lawfulin some circumstances, although unlawful in others, such as if they are used to attack combatantsplaced hors de combat. 4Law of war issues related to targeting (e.g., the requirement that an attack may only bedirected against a military objective) generally are not determinative of the lawfulness of aweapon. However, weapons that are inherently indiscriminate are prohibited. 5 In addition,certain weapons, such as mines, are subject to specific rules on their use in order to reduce therisk of harm to the civilian population. 66.2 DOD POLICY OF REVIEWING THE LEGALITY OF WEAPONSAs provided in DoD issuances, DoD policy for many years has required the legal reviewof the intended acquisition or procurement of weapons or weapon systems; this review includesensuring that such acquisition or procurement is consistent with the law of war. 7 These DoDpolicy requirements have been implemented in Military Department regulations. 82 1976 AIR FORCE PAMPHLET 110-31 6-2 (“A weapon may be illegal per se if either international custom or treatyhas forbidden its use under all circumstances.”). Refer to § 6.4.2 (Specifically Prohibited Types of Weapons).3 Refer to § 6.15.1 (Prohibition on “Blinding Laser” Weapons).4 Refer to § 5.10 (Persons Placed Hors de Combat).5 Refer to § 6.7 (Inherently Indiscriminate Weapons).6 Refer to § 6.12.5.3 (Obligation to Take Feasible Precautions to Protect Civilians From the Effects of Mines,Booby-Traps, and Other Devices).7 For example, DOD DIRECTIVE 5000.01, The Defense Acquisition System, E1.1.15 (May 12, 2003, certified currentas of Nov. 20, 2007) (“The acquisition and procurement of DoD weapons and weapon systems shall be consistentwith all applicable domestic law and treaties and international agreements (for arms control agreements, see DoDDirective 2060.1 (Reference (m), customary international law, and the law of armed conflict (also known as the lawsand customs of war)[)]. An attorney authorized to conduct such legal reviews in the Department shall conduct thelegal review of the intended acquisition of weapons or weapons systems.”); DOD DIRECTIVE 5000.01, The DefenseAcquisition System, 4.2.10 (Mar. 15, 1996, cancelled by DoD Directive 5000.1 Oct. 23, 2000) (“DoD acquisitionand procurement of weapons shall be consistent with applicable domestic law and all applicable treaties, customaryinternational law, and the law of armed conflict (also known as the laws and customs of war).”); DOD INSTRUCTION5500.15, Review of Legality of Weapons Under International Law, II (Oct. 16, 1974, cancelled by DoD Instruction5000.2 Feb. 23, 1991) (“All actions of the Department of Defense with respect to the acquisition and procurement ofweapons, and their intended use in armed conflict, shall be consistent with the obligations assumed by the UnitedStates Government under all applicable treaties, with customary international law, and, in particular, with the lawsof war.”).8 For example, DEPARTMENT OF THE ARMY REGULATION 27-53, Review of Legality of Weapons Under InternationalLaw (Jan. 1, 1979); SECRETARY OF THE NAVY INSTRUCTION 5000.2E, Department of the Navy Implementation andOperation of the Defense Acquisition System and the Joint Capabilities Integration and Development System (Sept.1, 2011); DEPARTMENT OF THE AIR FORCE INSTRUCTION 51-402, Legal Reviews of Weapons and Cyber Capabilities(Jul. 27, 2011).313