Editing National position of Brazil (2021)

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==[[International humanitarian law (jus in bello)|International humanitarian law (''jus in bello'')]]==
 
==[[International humanitarian law (jus in bello)|International humanitarian law (''jus in bello'')]]==
 
<section begin=BR_2021 IHL />
 
<section begin=BR_2021 IHL />
"International humanitarian law (IHL) is fairly equipped to answer many of the questions associated with new technologies, including ICTs. There is no doubt that IHL applies to States use of ICTs during an armed conflict. The fact that a specific weapon has been invented after the development of humanitarian law does not exempt it from regulation. Quoting from the ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, excluding cyber operations from IHL scope of application “would be incompatible with the intrinsically humanitarian character of the legal principles in question which permeates the entire law of armed conflict and applies to all forms of warfare and to all kinds of weapons, those of the past, those of the present and those of the future.”
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"International humanitarian law (IHL) is fairly equipped to answer many of the questions associated with new technologies, including ICTs. There is no doubt that IHL applies to States use of ICTs during an armed conflict. The fact that a specific weapon has been invented after the development of humanitarian law does not exempt it from regulation. Quoting from the ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, excluding cyber operations from IHL scope of application “would be incompatible with the intrinsically humanitarian character of the legal principles in question which permeates the entire law of armed conflict and applies to al1 forms of warfare and to al1 kinds of weapons, those of the past, those of the present and those of the future.”
   
 
IHL applies to situations amounting to armed conflict independently of its classification as such by the parties. For IHL, it does not matter whether the armed conflict is lawful or not, because its objective is to minimize human suffering and provide a minimum level of protection to civilians in any scenario of hostilities. Hence, the recognition that international humanitarian law applies to the cyberspace does not in any way endorse its militarization or legitimize cyberwarfare, but only ensures a minimum level of protection if an armed conflict arises.
 
IHL applies to situations amounting to armed conflict independently of its classification as such by the parties. For IHL, it does not matter whether the armed conflict is lawful or not, because its objective is to minimize human suffering and provide a minimum level of protection to civilians in any scenario of hostilities. Hence, the recognition that international humanitarian law applies to the cyberspace does not in any way endorse its militarization or legitimize cyberwarfare, but only ensures a minimum level of protection if an armed conflict arises.
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