Executive Summary: Avoiding civilian harm from military cyber operations during armed conflicts

Abstract

In January 2020, the International Committee of the Red Cross (ICRC) invited experts from various parts of the world to share their knowledge on practical issues for the implementation of international humanitarian law (IHL) in military cyber operations. Participants included experts with experience in the development and use of military cyber operations, experience working for global IT companies and cyber threat intelligence firms, as well as lawyers and academics. Experts analysed the conduct of military cyber operations, focusing on how armed forces can understand and assess the risk of civilian harm and what measures might be effective and appropriate to avoid or mitigate such risks.

The rich discussions provided an insightful picture of the ways in which armed forces consider the application of IHL when conducting cyber operations and the risks that such operations can entail for the civilian population. What emerged from the discussions is that States need to invest time and resources to develop tools, processes to assess the risks of incidental civilian harm and measures to limit these risks.