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Cyber warfare and international humanitarian law
by ICRC & agencies
 
Cyber warfare and international humanitarian law, by Cordula Droege.
 
All over the world, policy makers and military leaders are considering the implications of cyber warfare. Cordula Droege, an ICRC legal expert, explains that the existing legal framework is applicable and must be respected even in the cyber realm.
 
What do you mean by "cyber warfare" and why is it of concern to the ICRC?
 
The concept of cyber warfare is somewhat nebulous and different people appear to mean different things when they refer to it. For the purposes of this discussion, cyber warfare refers to means and methods of warfare that rely on information technology and are used in the context of an armed conflict within the meaning of international humanitarian law – as opposed to the traditional kinetic military operations.
 
Similarly, such terms as "cyber attacks," "cyber operations" or "computer network attacks" have no internationally agreed legal meaning and are used in different contexts (not always limited to armed conflicts) and with different meanings. Let us use the rather broad term of cyber operations to refer to operations against or via a computer or a computer system through a data stream.
 
Such operations can aim to do different things, for instance to infiltrate a computer system and collect, export, destroy, change, or encrypt data or to trigger, alter or otherwise manipulate processes controlled by the infiltrated system. The technology can be used in warfare and, under certain circumstances, some of these operations can constitute attacks as defined under international humanitarian law.
 
Cyber operations can raise humanitarian concerns, in particular when their effect is not limited to the data of the targeted computer system or computer. Indeed, they are usually intended to have an effect in the "real world." For instance, by tampering with the supporting computer systems, one can manipulate an enemy"s air traffic control systems, oil pipeline flow systems or nuclear plants. The potential humanitarian impact of some cyber operations is therefore enormous.
 
Cyber operations that have been carried out thus far, for example in Estonia, Georgia and Iran, do not appear to have had serious consequences for the civilian population. However, it seems that it is technically feasible to interfere with airport control systems, other transportation systems, dams or nuclear power plants via cyber space. Potentially catastrophic scenarios, such as collisions between aircraft, the release of poisons from chemical plants, or the disruption of vital infrastructure and services such as electricity or water networks, therefore cannot be dismissed. The main victims of such operations would most likely be civilians.
 
* Below is a link to recent editions of the International Humanitarian Law
 
Magazine from the Australian Red Cross.
 
http://www.redcross.org.au/ihl-magazine.aspx


 


Time for killings in Syria to stop, says UN chief
by UN News / BBC & agencies
 
4 August 2011
 
UN condemns continuing government crackdown. (BBC)
 
The UN Security Council has condemned the Syrian government for a deadly crackdown on protesters. It comes as the Syrian army attacks Hama, a centre of opposition protest, with reports of much loss of life.
 
Human rights groups say at least 140 people have been killed in the Syrian unrest since Sunday, mainly in Hama, adding to a civilian death toll believed to be more than 1,600 since March.
 
In the statement, the council says it "condemns the widespread violations of human rights and the use of force against civilians by the Syrian authorities". The statement said those responsible for the violence should be held accountable.
 
European members of the 15-nation council had pushed for a strong resolution condemning the Syrian government and calling for a rights inquiry. The statement stated that the only solution to the crisis was a Syrian-led political process, it also called for "an immediate end to all violence and urges all sides to act with utmost restraint, and to refrain from reprisals."
 
UN Secretary General Ban Ki-moon said the statement represented "the clear message of the international community" to Syrian President Bashar al-Assad. "The world has watched the deteriorating situation in Syria with the most profound concern. But the events of the past few days have been brutally shocking," Mr Ban said. "Just continuing like this is not sustainable. He cannot and they cannot carry on like this, killing their people."
 
Activists and residents of Hama said tanks pushed in to the city centre on Wednesday morning, reaching Assi Square. One resident of the city told the BBC''''s Damascus correspondent, Lina Sinjab, that he believed a massacre was taking place. He said he had seen piles of bodies in different parts of the city.There are reports that families trying to flee the city have been shot at to force them to turn back.
 
Some families who have managed to leave have described the situation as worse than the 1980s, when the late President Hafez Assad, father of the current leader, crushed an uprising, leaving at least 10,000 people dead and the old quarter flattened. Communication with the city is all but completely cut off, as are water and electricity, correspondents say.
 
31 July 2011
 
UN chief condemns latest bloody violence against civilians.
 
Secretary-General Ban Ki-moon has voiced his deep concern over reports from Syria that hundreds of protesters have been killed or injured in the city of Hama and other towns across the country during the weekend.
 
He strongly condemned the use of force against civilians and called on the Government of Syria to immediately halt the violence.
 
Mr. Ban reiterated that Syrian authorities have an obligation to respect the human rights of the country"s people, including their freedom of expression and right to peaceful assembly. He urged the the Government to heed the legitimate aspirations of the population.
 
“The Secretary-General reminds the Syrian authorities that they are accountable under international human rights law for all acts of violence perpetrated by them against the civilian population,” said a statement issued by his spokesperson.
 
July 2011
 
The United Nations special advisers on genocide prevention and the principle of responsibility to protect have voiced alarm at persistent reports of widespread and systematic human rights violations perpetrated by security forces in Syria, saying that crimes against humanity may have been committed.
 
Francis Deng, the Special Adviser of the Secretary-General on the Prevention of Genocide and Edward Luck, the Special Adviser on the Responsibility to Protect, said that Syrian security forces have reportedly continued to kill civilians and make arbitrary arrests.
 
Serious violations of international human rights law are reported to have systematically occurred in the context of the attacks on civilians, they said in a joint statement to the media.
 
“Based on available information, the Special Advisers consider that the scale and gravity of the violations indicate a serious possibility that crimes against humanity may have been committed and continue to be committed in Syria,” said Mr. Deng and Mr. Luck.
 
The UN advisers echoed calls by the Secretary-General to the Syrian Government to allow humanitarian access to areas affected by the unrest and to facilitate the visit of the UN Human Rights Council-mandated fact-finding mission to the country.
 
“All actors involved in the current crisis in Syria are urged to refrain from the use of force, from acts of violence, or from incitement to violence.”
 
Mr. Deng and Mr. Luck reminded the Syrian Government of its responsibility to protect its population, as all heads of State and government pledged to do in the outcome document of the 2005 UN summit.
 
“They [heads of State] agreed to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity, as well as their incitement.
 
As a first step, they urged the Syrian Government to ensure that security forces and civilian personnel under their command “comply fully and consistently” with international human rights obligations when carrying out their duties.
 
They were “gravely concerned at the increasing loss of life in Syria as a result of the continued violent suppression of anti-Government protests.”
 
“We are particularly alarmed at the apparently systematic and deliberate attacks by police, military, and other security forces against unarmed civilians taking part in the protests. These attacks have resulted in many hundreds of deaths.
 
“The deployment of armed forces and the use of live fire, tanks and artillery in response to peaceful protests, and the targeting of residential areas where protests have taken place, are unacceptable under any circumstances.”
 
Radhika Coomaraswamy, the Secretary-General’s Representative for Children and Armed Conflict, issued a statement condemning the killing of children across the region.
 
“Children are being wounded and killed in military action and armed violence throughout the Middle East and North Africa,” Ms Coomaraswamy said. She stressed that “the killing and maiming of children is a crime.”
 
* Below is a link to Al Jazeera English - Syria page offering daily updated news on events.


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