In situations of armed conflict, the methods and means of warfare used by the parties to the conflict are subject to regulations under international humanitarian law. This extends to cyber operations implemented by the parties to the conflict. Several principles under international humanitarian law, including the principle of humanity, necessity, proportionality and distinction, are also applicable to acts in cyberspace. In paragraph 28(d) of the 2015 GGE report, those principles are referred to as "established international legal principles." This reference, considered together with the fact that this report affirms the applicability of existing international law, can be interpreted to affirm the applicability of those principles. Meanwhile, Article 49 of the Additional Protocol I to the Geneva Conventions stipulates: "'Attacks' means acts of violence against the adversary, whether in offence or in defence."1415 The Government of Japan understands that cyber operations that may cause the destruction or neutralization of military targets, for example, may also constitute "attacks" under international humanitarian law, depending on the circumstances. In principle, the existence of an "armed conflict" is a prerequisite for the application of international humanitarian law. Under the Geneva Conventions, there is no particular definition of an "armed conflict," and therefore, whether or not a certain incident constitutes an "armed conflict" needs to be decided on a case-by-case basis, taking into account a number of elements, such as the manner of the actual attack and the intent of each party to the incident, in a comprehensive manner. If the effects of cyber operations are taken into consideration, the conduct of cyber operations alone may reach the threshold of an "armed conflict." As affirming the applicability of international humanitarian law to cyber operations contributes to the regulation of methods and means of warfare, the argument that doing so will lead to the militarization of cyberspace is groundless. For example, cyber operations during armed conflict that cause physical damage or loss of functionality to medical institutions may constitute a violation of international humanitarian law16 and therefore should be appropriately regulated. On the other hand, modes of combat in cyberspace are different from those in traditional domains. Therefore, how international humanitarian law regarding, for example, the scope of combatants applies to cyberspace should be further discussed. (7) International human rights law International human rights law is also applicable to cyber operations. Individuals enjoy the same human rights with respect to cyber operations that they otherwise enjoy. Pursuant to international human rights law, States are under the obligation to respect human rights. The human rights that must be respected in cyberspace include all human rights that are recognized under international human rights law, such as civil, political, 14 "Attacks" means acts of violence against the adversary, whether in offence or in defense (Article 49 of the Additional Protocol I to the Geneva Conventions). 15 Tallinn Manual 2.0 stipulates that "a cyberattack is a cyber operation, whether offensive or defensive, that is reasonably expected to cause injury or death to persons or damage or destruction to objects." (Tallinn Manual 2.0., Rule 92) 16 For example, Article 12 of the Additional Protocol I to the Geneva Conventions 7

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