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If the weapon is not prohibited, the review should also consider whether there are legalrestrictions on the weapon’s use that are specific to that type of weapon. 16 If any specificrestrictions apply, then the intended concept of employment of the weapon should be reviewedfor consistency with those restrictions.Lastly, it may be appropriate to advise whether other measures should be taken thatwould assist in ensuring compliance with law of war obligations related to the type of weaponbeing acquired or procured. For example, it may be appropriate to advise on the need fortraining programs and other practical measures, such as promulgating doctrine and rules ofengagement related to that type of weapon. 176.2.3 AP I Requirement for Legal Review of a New Weapon, Means, or Method ofWarfare. Article 36 of AP I provides:In the study, development, acquisition or adoption of a new weapon, means ormethod of warfare, a High Contracting Party is under an obligation to determinewhether its employment would, in some or all circumstances, be prohibited bythis Protocol or by any other rule of international law applicable to the HighContracting Party.The DoD policy and practice of conducting legal reviews of weapons preceded this AP Iprovision. 186.2.4 Policy and Processes for Review of Applicable Arms Control Obligations. DoDhas had a separate, but complementary, policy and practice requiring review of its activities (e.g.,research, development, and testing of weapons) to ensure that these activities are consistent withthe arms control agreements to which the United States is a Party. 1915 Refer to § 6.4.2 (Specifically Prohibited Types of Weapons).16 Refer to § 6.5.1 (Certain Types of Weapons With Specific Rules on Use).17 Refer to § 6.15.2 (Feasible Precautions in the Employment of Laser Systems to Avoid the Incident of PermanentBlindness).18 For example, DOD INSTRUCTION 5500.15, Review of Legality of Weapons Under International Law, II (Oct. 16,1974, cancelled by DoD Instruction 5000.2 Feb. 23, 1991) (“All actions of the Department of Defense with respectto the acquisition and procurement of weapons, and their intended use in armed conflict, shall be consistent with theobligations assumed by the United States Government under all applicable treaties, with customary internationallaw, and, in particular, with the laws of war.”).19 DOD DIRECTIVE 2060.1, Implementation of, and Compliance with, Arms Control Agreements, 4.6.7 (Jan. 9,2001, certified current Nov. 24, 2003) (“For specific DoD-planned activities, [Heads of DoD components are to]seek clearance from the USD(AT&L), through the appropriate CRG [Compliance Review Group], on a timely basis,before taking any action, including but not limited to research, tests, development, exercises and operations thatreasonably raises an issue of DoD compliance with an arms control agreement. For other compliance issuesrequiring resolution (such as those arising from an on-site inspection), seek resolution from the USD(AT&L),through the appropriate CRG. When there is doubt whether clearance or resolution is necessary, it shall be sought.If the issue involves a DoD SAP [Special Access Program], contact the Director of the cognizant DoD SAP CentralOffice and the Chairman of the DoD SAP Senior Review Group (SRG). The SRG Chairman will effectcoordination with the appropriate CRG.”).315

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