Editing Attack (international humanitarian law)

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! scope="col" style="background-color:#ffffaa;"| [[Attack (international humanitarian law)|The notion of ‘attack’ under international humanitarian law]]
 
! scope="col" style="background-color:#ffffaa;"| [[Attack (international humanitarian law)|The notion of ‘attack’ under international humanitarian law]]
 
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|[[File:Attack_international_humanitarian_law.svg|left|frameless|200x200px]]The question of whether an operation amounts to an ‘attack’ as defined in international humanitarian law (IHL) is essential for the application of many of the rules deriving from the principles of distinction, proportionality and precaution. While some IHL rules impose limits on any military (cyber) operation, the rules specifically applicable to ‘attacks’ afford significant protection to civilians and civilian objects in times of armed conflict.<ref>Concretely, rules such as the prohibition of attacks against civilians and civilian objects, the prohibition of indiscriminate and disproportionate attacks, and the obligation to take all feasible precautions to avoid or at least reduce incidental harm to civilians and damage to civilian objects when carrying out an attack apply to those operations that qualify as ‘attacks’ as defined in IHL. The notion of attack under IHL, defined in Article 49 of AP I, is different from and should not be confused with the notion of ‘[[Self-defence|armed attack]]’ under Article 51 of the UN Charter, which belongs to the realm of the law on the use of force (''jus ad bellum''). To determine that a specific cyber operation, or a type of cyber operations, amounts to an attack under IHL does not necessarily mean that it would qualify as an armed attack under the UN Charter.</ref>
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|<!--[[File:???.svg|left|frameless|200x200px]]-->The question of whether an operation amounts to an ‘attack’ as defined in international humanitarian law (IHL) is essential for the application of many of the rules deriving from the principles of distinction, proportionality and precaution. While some IHL rules impose limits on any military (cyber) operation, the rules specifically applicable to ‘attacks’ afford significant protection to civilians and civilian objects in times of armed conflict.<ref>Concretely, rules such as the prohibition of attacks against civilians and civilian objects, the prohibition of indiscriminate and disproportionate attacks, and the obligation to take all feasible precautions to avoid or at least reduce incidental harm to civilians and damage to civilian objects when carrying out an attack apply to those operations that qualify as ‘attacks’ as defined in IHL. The notion of attack under IHL, defined in Article 49 of AP I, is different from and should not be confused with the notion of ‘[[Self-defence|armed attack]]’ under Article 51 of the UN Charter, which belongs to the realm of the law on the use of force (''jus ad bellum''). To determine that a specific cyber operation, or a type of cyber operations, amounts to an attack under IHL does not necessarily mean that it would qualify as an armed attack under the UN Charter.</ref>
   
 
Article 49 of Additional Protocol I defines ‘attacks’ as ‘acts of violence against the adversary, whether in offence or in defence’. The notion of violence in this definition can refer to either the means of warfare or their effects, meaning that an operation causing violent effects can qualify as an attack even if the means used to bring about those effects are not violent as such.<ref>Cordula Droege, “[https://international-review.icrc.org/articles/get-my-cloud-cyber-warfare-international-humanitarian-law-and-protection-civilians Get Off My Cloud: Cyber Warfare, International Humanitarian Law, and the Protection of Civilians]”, (2012) 94(886) ''International Review of the Red Cross'' 533, 557; William H. Boothby, ''The Law of Targeting'' (OUP 2012) 384; Laurent Gisel, Tilman Rodenhäuser, and Knut Dörmann, ‘[https://international-review.icrc.org/articles/twenty-years-ihl-effects-of-cyber-operations-during-armed-conflicts?utm_source=internal_newsletter&utm_medium=mail&utm_campaign=Homeanitarian_Sep4&utm_content=Review_cyber_IHL Twenty years on: International humanitarian law and the protection of civilians against the effects of cyber operations during armed conflicts]’, (2020) 102(913) ''International Review of the Red Cross'' 287, 312.</ref> Accordingly, it is widely accepted that cyber operations that can be reasonably expected to cause injury or death to persons or damage or destruction to objects constitute attacks under IHL.<ref>ICRC, “[https://www.icrc.org/en/download/file/15061/32ic-report-on-ihl-and-challenges-of-armed-conflicts.pdf International humanitarian law and the challenges of contemporary armed conflicts]” (2015) 41–42; [https://www.cambridge.org/core/books/tallinn-manual-20-on-the-international-law-applicable-to-cyber-operations/use-of-force/F2871424CF6758F2C9275568B777DF51/core-reader Tallinn Manual 2.0], rule 92. This view is also held by States including Australia, Australia’s submission on international law to be annexed to the report of the 2021 Group of Governmental Experts on Cyber, at 4; and Switzerland, Switzerland's position paper on the application of international law in cyberspace, Annex UN GGE 2019/2021, at 10.</ref>
 
Article 49 of Additional Protocol I defines ‘attacks’ as ‘acts of violence against the adversary, whether in offence or in defence’. The notion of violence in this definition can refer to either the means of warfare or their effects, meaning that an operation causing violent effects can qualify as an attack even if the means used to bring about those effects are not violent as such.<ref>Cordula Droege, “[https://international-review.icrc.org/articles/get-my-cloud-cyber-warfare-international-humanitarian-law-and-protection-civilians Get Off My Cloud: Cyber Warfare, International Humanitarian Law, and the Protection of Civilians]”, (2012) 94(886) ''International Review of the Red Cross'' 533, 557; William H. Boothby, ''The Law of Targeting'' (OUP 2012) 384; Laurent Gisel, Tilman Rodenhäuser, and Knut Dörmann, ‘[https://international-review.icrc.org/articles/twenty-years-ihl-effects-of-cyber-operations-during-armed-conflicts?utm_source=internal_newsletter&utm_medium=mail&utm_campaign=Homeanitarian_Sep4&utm_content=Review_cyber_IHL Twenty years on: International humanitarian law and the protection of civilians against the effects of cyber operations during armed conflicts]’, (2020) 102(913) ''International Review of the Red Cross'' 287, 312.</ref> Accordingly, it is widely accepted that cyber operations that can be reasonably expected to cause injury or death to persons or damage or destruction to objects constitute attacks under IHL.<ref>ICRC, “[https://www.icrc.org/en/download/file/15061/32ic-report-on-ihl-and-challenges-of-armed-conflicts.pdf International humanitarian law and the challenges of contemporary armed conflicts]” (2015) 41–42; [https://www.cambridge.org/core/books/tallinn-manual-20-on-the-international-law-applicable-to-cyber-operations/use-of-force/F2871424CF6758F2C9275568B777DF51/core-reader Tallinn Manual 2.0], rule 92. This view is also held by States including Australia, Australia’s submission on international law to be annexed to the report of the 2021 Group of Governmental Experts on Cyber, at 4; and Switzerland, Switzerland's position paper on the application of international law in cyberspace, Annex UN GGE 2019/2021, at 10.</ref>
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