Artificial intelligence and the article 36 legal review

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Buchan, R. (2026) Artificial intelligence and the article 36 legal review. St Louis University Law Journal. ISSN 0036-3030 (In Press)

Abstract/Summary

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.

Item Type Article
URI https://centaur.reading.ac.uk/id/eprint/129327
Refereed Yes
Divisions Arts, Humanities and Social Science > School of Law
Publisher Saint Louis University School of Law
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