ICRC working paper on critical elements for inclusion in a legally binding instrument to regulate autonomous weapon systems

As States convene for the final session of the Convention on Certain Conventional Weapons (CCW) Group of Governmental Experts (31 August – 4 September 2026), the ICRC presents a working paper that reviews the set of elements contained in the draft report of the Group. The paper outlines why the existing elements must be retained, and proposes additional elements that will need to be incorporated into any future legally binding instrument. In particular, the paper recommends including a prohibition against autonomous weapon systems designed or used to target humans directly, and a provision restricting their use to military objectives by nature.

The ICRC considers that the set of elements contained in the current version of the draft report fulfils the mandate of the Group and constitutes a strong and sufficient basis on which State can – and must – now launch negotiations on a legally binding instrument to regulate autonomous weapon systems. The draft text reflects years of deliberations and contains critical elements required to regulate autonomous weapon systems, in order to protect people affected by armed conflict and support compliance with international humanitarian law (IHL).

The ICRC urges the Group of Governmental Experts to adopt the draft report, including the complete set of elements it contains, strengthened by the additional elements listed in the working paper, and to thus transmit its work to the Seventh Review Conference for further consideration, including as a basis for a mandate for States to negotiate a legally binding instrument in 2027.