Abstract
This article examines the application of the Article 36 legal review obligation to new weapons, means, or methods of warfare that make use of artificial intelligence. This article assesses: the customary international law status of Article 36; who must conduct legal reviews; what must be reviewed; when a legal review must occur; the legal standards against which reviews must take place; and the conduct and nature of legal reviews. This article argues that, properly interpreted, legal reviews under Article 36 should be seen as a dyadic process that can help inform commanders as to how complex and high-powered technologies such as artificial intelligence can be used lawfully on the battlefield.
Recommended Citation
Russell Buchan,
Artificial Intelligence and the Article 36 Legal Review,
70
St. Louis U. L.J.
(2026).
Available at:
https://scholarship.law.slu.edu/lj/vol70/iss2/5