38. Principles and rules of IHL applicable in armed conflict govern all forms of warfare and all means or methods of warfare, including those of the future.28 This is confirmed also by Article 36 of Additional Protocol I requiring States to review the lawfulness of such means and methods of warfare.29 Thus, cyber operations conducted as a part of an armed conflict are governed by IHL in the same way as any other means or methods of warfare.
28 See para 86 of the International Court of Justice in the Advisory opinion on the Legality of the Threat or Use of Nuclear Weapons, 8 July 1996, I.C.J. reports 1996.
29 “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36 of the Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, of 8 June 1977.
Czech Republic, Position Paper on the Application of International Law in Cyberspace (27 February 2024)
