International armed conflict

Definition


Finland
International humanitarian law only applies to cyber operations when such operations are part of, or amount to, an armed conflict.

Germany
An international armed conflict – a main prerequisite for the applicability of IHL in a concrete case – is characterized by armed hostilities between States. This may also encompass hostilities that are partially or totally conducted by using cyber means.

Japan
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."