National position of France (2019)
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==[[Direct participation in hostilities]]== <section begin=FR_2019 direct participation in hostilities /> "Cyber-combatants, especially military personnel assigned to a cyberspace operations command, a group of hackers under State command or members of organised armed groups perpetrating cyberoperations against the adversary may be attacked, unless they are ''hors de combat''. Any other person is considered to be a civilian and enjoys general protection against the dangers arising from military operations, unless and for such time as they take a direct part in hostilities. A cyberoperation which is carried out to adversely affect the military operations or military capacity of a party to an armed conflict to the detriment of that party and to the advantage of an adversary, or which is likely to cause loss of human life, injury and civilian damage may be deemed a direct participation in hostilities. For example, the penetration of a military system by a party to an armed conflict with a view to gathering tactical intelligence for the benefit of an adversary for the purposes of an attack constitutes direct participation in hostilities. The same applies to installing malicious code, preparing a botnet in order to launch an attack by denial of service, or developing software specifically intended for the perpetration of a hostile act." <ref>[https://www.defense.gouv.fr/content/download/567648/9770527/file/international+law+applied+to+operations+in+cyberspace.pdf Ministry of Defense of France, International Law Applied to Operations in Cyberspace, 9 September 2019], 15.</ref> "Cyber-combatants integrated into or affiliated with the armed forces or members of organised armed groups may be targeted by conventional means, in the same way as civilians conducting offensive activities that constitute direct participation in hostilities. Given the difficulties of identifying the perpetrators of a cyberattack, the targeting of such individuals remains marginal."<ref>[https://www.defense.gouv.fr/content/download/567648/9770527/file/international+law+applied+to+operations+in+cyberspace.pdf Ministry of Defense of France, International Law Applied to Operations in Cyberspace, 9 September 2019], 15.</ref><section end=FR_2019 direct participation in hostilities />
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