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Part II, 15 Cyber Operations

From: Practitioners' Guide to Human Rights Law in Armed Conflict

Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 13 May 2021

Human rights remedies — Armed conflict, international — Armed conflict, non-international — International crimes

This chapter deals with cyber operations undertaken by States during situations of armed conflict. Cyber operations may be divided into two broad categories: cyber operations involving monitoring activities and cyber operations involving effects-based activities. Cyber operations involving monitoring activities collect or gather information but do not modify or interfere with that information in any way. They are passive operations. Effects-based cyber operations are those operations that are not restricted to passive monitoring and which produce a tangible effect, either in cyber space or in the material world. The chapter discusses cyber operations as an ‘attack’ within armed conflict; determining the applicable legal framework; relevant international human rights law requirements; cyber operations and direct participation in hostilities; and cyber operations involving non-State actors occurring in the context of armed conflict.

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