PROPOSALS REGARDING A WEAPONS REVIEW PROCESS IN SOUTH AFRICA (PART 2)

Abstract

This article forms the final part of a two-part series dealing with submissions regarding the implementation of a weapons review process in compliance of South Africa’s obligations under article 36 of Protocol I Additional to the 1949 Geneva Conventions.
Part I hereof was published in 2010 (Volume 31 1) Obiter 34-56 and dealt with the introductory and legal aspects of weapons review processes. Part 2, which follows hereunder, deals with the practical aspects of the weapons review process, namely the structure and composition of the review body and the various elements of the process of the review that need to be considered and regulated. The guidelines enunciated in this article attempt to ensure that South Africa complies with its international legal obligations under article 36. An overall conclusion of the series is dealt with at the end of this article.