Legal review of weapons in Sweden – Implementation in Sweden of Article 36 of the Additional Protocol I to the 1949 Geneva Conventions

Authors:

  • Miriam Ingeson

Publish date: 2025-05-12

Report number: FOI-R--5721--SE

Pages: 38

Written in: Swedish

Keywords:

  • weapons project
  • weapons review
  • Article 36
  • article 36 review
  • means and methods of warfare
  • international law
  • international humanitarian law
  • additional protocol I

Abstract

This report provides an analysis of the Swedish implementation of the duty of States to determine the legality of new weapons, means and methods of warfare under Article 36 in the 1977 First Additional Protocol to the 1949 Geneva Conventions. Article 36 gives states discretion to organise a review process according to national requirements and conditions. In Sweden, the obligation of weapons review deriving from Article 36 has been implemented by a government ordinance, which sets up an independent review mechanism in the form of an independent agency. The Armed Forces and other agencies involved in development of weapons, means and methods of warfare are instructed to submit projects for review. The agencies also implement the obligation in their actions, while fulfilling their mandates. They have obligations based on Article 36 directly. They fulfil their role by providing the review agency with facts that allow for a sufficiently robust determination according to article 36, as soon as possible. In order to do so, they must act proactively, and make legal, technical and other assessments.