… according to AP I, States have an obligation, “in the study, development, acquisition or adoption of a new weapon, means or method of warfare,” to “determine whether its employment would, in some or all circumstances,” be prohibited.40 This norm, although being less strict than some States wished during the negotiations of AP I,41 already encompasses some precautionary elements. It must guide the development, acquisition and adoption of cyber capabilities.
40 Additional Protocol I, art. 36.
41 ICRC Commentary of 1987, API, art. 36.
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, 23
