employed by the belligerents. As noted above, recourse to the use of force in cyberspace
is governed by international law other than IHL, in particular the UN Charter. IHL seeks to
limit the effects of armed conflict and it is not therefore correct that its applicability to
cyber operations in armed conflict would encourage the militarisation of cyberspace.
24. A cyber operation is capable of being an ‘attack’ under IHL where it has the same or similar
effects to kinetic action that would constitute an attack. Where an operation in
cyberspace amounts to an ‘attack’, the principles of distinction, proportionality, humanity
and military necessity apply in the same way as they do to an attack by any other
means. Those responsible for planning, deciding upon, or executing attacks necessarily
have to reach decisions on the basis of their assessment of the information from all
sources which is reasonably available to them at the relevant time. All relevant rules of
IHL must be observed when planning and conducting operations whether by cyber or
other means – the complexity of cyber operations is no excuse for a lower standard of
protection to be afforded to civilians and civilian objects.
25. Civilians are protected from attack unless and for such time as they take a direct part in
hostilities. To the extent that civilians carry out cyber operations in an armed conflict that
amount to attacks, they would lose their protected status under IHL and, by taking a direct
part in hostilities, become legitimate military targets.
LOOKING FORWARD
26. As noted above, the United Kingdom welcomes this initiative as part of ongoing
cooperation between States to develop their understanding of the application of
international law to cyberspace and the reinforcement of their capacities to achieve this.
The UK will continue actively to engage with other States to ensure that how international
law applies to cyberspace and the parameters of responsible State behaviour in
cyberspace are clear. In so doing, it will be important to move beyond discussion of
general concepts and principles, and to be clear about what constitutes unlawful conduct
in those sectors which are most vulnerable to destructive cyber conduct.
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