A/74/120
While offensive cyberoperations are currently carried out in tandem with
conventional military operations, the possibility of an armed conflict consisting
exclusively of digital activities cannot be excluded in principle, as it is based on the
potential for cyberoperations to reach the threshold of violence required to qualify as
an international or non-international armed conflict.
Despite their non-material nature, such operations remain subject to the
geographic scope of application of international humanitarian law; in other words,
their effects are confined to the territories of the States parties to an international
armed conflict or, in the context of a non-international armed conflict, to the territory
where hostilities are taking place.
Offensive cyberwarfare operations undertaken by the French armed forces must
comply with the following principles of international humanitarian law:
• The principle of distinction between civilian assets and military targets .
Cyberattacks not directed at a specific military target or carried out by means of
cyberweapons that cannot be directed at a specific military target are prohibited.
Certain data, although intangible, may constitute civilian assets protected under
international humanitarian law.
• The principle of humanity. The civilian population in general and individual
civilians must not be targeted unless they participate directly in hostilities, and
except during that participation. In an armed conflict, any cybercombatant who
is a member of the armed forces, any member of an organized armed group
engaged in cyberattacks against another party or any civilians directly
participating in hostilities through electronic means may be the target of a
conventional attack or a cyberattack.
• The principle of proportionality. Constant vigilance must be exercised in
order to protect persons and civilian assets from the effects of hostilities during
such operations. Collateral damage must be commensurate with the concrete
and direct military advantage anticipated. The principle of proportionality in
cyberspace requires that all foreseeable effects of the weapo n be taken into
consideration, whether those effects are direct (such as damage to the targeted
system or interruption of service) or indirect (such as impact on the
infrastructure controlled by the system under attack, as well as on persons
affected by the malfunctioning or destruction of systems or the alteration and
corruption of data), provided that those effects have a sufficient causal link with
the attack. This principle also prohibits the use of cyberweapons that are
uncontrollable (in time or in space) and could therefore cause irreversib le
damage to civilian infrastructure, systems or data.
The above principles are contained in the public elements of French milit ary
doctrine on offensive computer warfare, published in early 2019.
Human Rights
France supports the principles that the rights people enjoy offline must also be
protected online and that international human rights law applies to cyberspace. Those
values are especially challenged by the online spread of illegal materials, such as
those promoting terrorism, hate and anti-Semitism. It is particularly important to
involve private digital actors in the fight against illegal content and to clarify their
role and responsibilities at the international level to combat illegal content and prot ect
human rights and fundamental freedoms online.
19-10580
23/39
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