to cause such effect incidentally, might not be covered by essential IHL rules protecting
civilians and civilian objects,22 and would not be consistent with the object and purpose
of the Geneva Conventions and their Additional Protocols.
32. Ireland strongly disagrees with any suggestion that affirming the application of IHL to
cyberspace encourages or legitimises the militarisation of cyberspace. IHL is concerned
with limiting the suffering caused by armed conflict and mitigating its effects, rather than
with the justifiability of the initiation of the conflict.
International Human Rights Law
33. States are bound by international human rights law in respect of activities in cyberspace.
The same rights that individuals enjoy offline must be protected online.23 This includes
international and regional human rights treaties as well as customary international law.
It is noted in particular that the foremost global human rights instrument, the
International Covenant on Civil and Political Rights, applies to all individuals within a state
party’s territory and subject to its jurisdiction.24
34. Ireland considers an open, stable, accessible and safe internet to be an essential
foundation for the protection of international human rights law in cyberspace. Any
restrictions imposed by states on human rights in a cyber context must fall within
parameters recognised as permissible under international human rights law. State
sovereignty cannot be relied on as a guise for censoring free internet or otherwise
impinging on applicable human rights. Any exercise of state sovereignty must be
consistent with international human rights law.
Dublin
July 2023
22
ICRC Position Paper, “International Humanitarian law and Cyber Operations during Armed Conflicts” (November 2019),
p.8.
23 Human Rights Council Resolution 20/8.
24 International Covenant on Civil and Political Rights, Article 2.