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.

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