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Ukrainian President Volodymyr Zelensky has been the US, UK and other allies for advanced fighter jets to assist in defending against Russia's unlawful invasion—a could come soon and potentially alter the course of the war. This comes after Germany and the US finally agreed to give to Ukraine after much debate.

Some observers have focused on whether providing increasingly sophisticated weaponry is a for , such as whether it risks further escalating the conflict.

But another important issue that has received less attention is whether this technology being gifted to Ukraine complies with international law.

The use of —even if outwardly for altruistic purposes—could be problematic and even unlawful. In some instances, for example, military suppliers may have a secondary interest: field-testing their new technologies in a real conflict.

Such testing risks harm to civilians and further destruction of Ukrainian infrastructure, as well as causing unnecessary suffering to combatants on both sides of the conflict.

Autonomous drones being used on both sides in Ukraine

Most new weapon technologies being deployed to Ukraine have been in controlled environments or through computer simulation systems prior to their use.

While militaries are constantly new technologies to certify them as safe and lawful, is not generally done until there has been compliance with in-house testing and assurance measures.

However, Russia is not being as cautious. As its supplies dwindle, Moscow is relying on new equipment from the few states that are continuing to trade arms with them.

And some of these technologies, like the Iranian-supplied , are apparently being field-tested in Ukraine.

There have long been about whether autonomous drones comply with the laws of war. One major concern is whether they can properly distinguish between combatants and civilians.

Russia is reportedly critical functions of their drones to enhance their lethality and destructive capacity.

While it performs some form of weapons testing and review for legal compliance, it seems unlikely this is happening on these new technologies in the limited time before they appear on Ukraine's front lines.

Advanced drones are also being used on the Ukrainian side, such as the supplied by Turkey.

A in 2021 cited the possible use of these same drones in Libya, with and their ability to detect the proper target, in compliance with the laws of armed conflict.

What the laws of armed conflict say about testing weapons

has been to Ukraine's success in the conflict thus far.

The gifting of Western military equipment (whether ) has also been a . Over .

However, the use of advanced military equipment must be balanced by the need to reduce the harm to both civilians and combatants alike. Both sides have a duty to comply with the laws of armed conflict—and both sides are entitled to the protections of such laws.

The overarching principles of should ensure, wherever possible that:

• the impact of conflict—including on combatants—is humane, and

• harm to civilians and civilian infrastructure is minimized.

When it comes to the testing and evaluation of weapons, the rules of international law are unsettled.

States that have signed up to are obliged to undertake testing of weapons and the "means and method of warfare". But this is .

Some countries like Australia have that fulfill their obligations under this Protocol.

Other states do it as a matter of good practice. For example, the US is not a signatory to the Protocol, but it to ensure its weapons systems are generally compliant with international law.

However, this doesn't apply to all to Ukraine or Russia. In fact, of the to the Protocol acknowledge they systematically do this kind of testing.

Some states these rules on testing weapons should only apply to the country that is using them in armed conflict—not the country that is manufacturing them.

But this view is ignorant of the realities of a state facing an existential crisis and relying on international military aid. Is it both unfair and unrealistic to expect Ukraine to test gifted weapon systems and military equipment when it is fighting for its survival.

What Ukraine's supporters need to do

There are two simple ways for nations gifting weapons to Ukraine to ensure they comply with the laws of armed conflict:

• checking the weapons or technologies are capable of being used lawfully, and

• making sure combatants know how to use them in a way that complies with the law.

Australia, for example, has a rigorous weapons review process that tests the compliance of its military technologies. The weaponry on the sent to Ukraine will have been subject to this process.

Australia is also to use the systems it supplies. While such training serves to bolster Ukraine's chances of tactical success, it also ensures the soldiers know how to act in compliance with the laws of armed conflict.

It may seem like a minor and technical point to focus on the lawfulness of weapons in the face of Russia's , and its challenge to the existing rules-based order by . But it is in the interests of liberal democracies to , including compliance with international law.

This isn't to suggest the provision of military aid to Ukraine should cease. Rather, those states contributing to the conflict should be doing their utmost to minimize human harm. This means ensuring new weapons are not field-tested in someone else's backyard.

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