![]() In October 2019, the ICRC joined the Cyber Law Toolkit project, which aims to provide answers to cutting-edge questions of international cyber law. But how does that prohibition apply in cyberspace? What if a party to an armed conflict gains unauthorized access to an ICRC mobile app and then uses it to impersonate the ICRC to obtain a military advantage? Would that also be forbidden under IHL? In search of practical answers Thus, a soldier who fires at an enemy during an armed conflict from a vehicle marked with a red cross violates this body of law and may be liable for a war crime. One could say we have since entered the current ‘how’ phase of development of international cyber law: we might know that international law applies in cyberspace, but we are still trying to find out how it applies.Ĭonsider this example: It is well established that international humanitarian law (IHL) prohibits the misuse of the distinctive emblem such as the red cross and the red crescent. However, that agreement – once touted as a ‘ landmark consensus’ – opened the door for many more questions. Since 2013, the international community has agreed that international law applies to the use of information and communications technologies (ICTs) by States. In short, they bring about the type of effects we would expect international law to have something to say about. Of the thousands such incidents that occur daily, some inevitably cause transborder economic harm, stir up political tensions or impact on States’ national security. The right tool for the job: how does international law apply to cyber operations?īy the time you finish reading this article – depending on how quickly you read and which statistic you choose to believe – between 10 and 360 new hostile cyber operations will have been launched around the world.
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