Australia, and other States parties to Additional Protocol I to the Geneva Conventions of 1949 are required under Article 36 to determine whether the employment of new weapons, or means or method of warfare, would, in some or all circumstances be prohibited by Additional Protocol I or any other rule of international law applicable to that State. A cyber capability could, in certain circumstances, constitute a ‘weapon, or a means or method of warfare’ within the meaning of Article 36 and require a review in accordance with Article 36 obligations.
Australia’s submission on International Law to be Annexed to the Report of the 2021 Group of Governmental Experts on Cyber (June 2021) 4
Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States submitted by participating governmental experts in the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security established pursuant to General Assembly resolution 73/266 (13 July 2021) A/76/136, 38-39
