Ambassador Gafoor, Excellencies,

The International Committee of the Red Cross (ICRC) is grateful for the opportunity to address this Open-Ended Working Group (OEWG) on the question of how international law applies to the use of ICTs.

To answer your first question, Mr. Chair, we consider it essential for this group to focus on building common understandings on how international humanitarian law applies to, and therefore limits, the use if ICTs during armed conflict. In light of the threats identified by this group, and the reality of today’s armed conflicts, this is a pressing issue. 

To support such discussions, the ICRC has submitted four short papers to this OEWG on principles of distinction, proportionality, necessity and humanity, and on the question of when IHL applies to the use of ICTs.[1]

Mr. Chair, the ICRC recognizes that questions of international humanitarian law must be addressed with caution, andthat delegations have expressed a diversity of views on the subject. Yet, and this leads us to your second question, finding agreement is possible.  

In 2024, two regional organizations – the African Union and the European Union – published common positions or understandings on the application of international law to the use of ICTs. In addition, in October this year, the 34th International Conference of the Red Cross and Red Crescent, at which all States were represented, adopted a resolution on ‘Protecting civilians and other protected persons and objects against the potential human cost of ICT activities during armed conflict’. 

The resolution recognizes that States have expressed a diversity of views on questions of IHL, and that further study is needed on how and when IHL applies to the use of ICTs. The resolution also highlights key protections that IHL provides for civilian populations. 

For example:

• The resolution “reiterates that, in situations of armed conflict, IHL rules and principles […] serve to protect civilian populations and other protected persons and objects, including against the risks arising from ICT activities”.

• The resolution further “calls on parties to armed conflicts to respect and protect medical personnel, units and transports […], including with regard to ICT activities”. 

• Likewise, it “calls on States and parties to armed conflicts to allow and facilitate impartial humanitarian activities during armed conflict, including those that rely on ICTs, and to respect and protect humanitarian personnel and objects […], including with regard to ICT activities”.

• Building on the work of this OEWG, the resolution also “calls on parties to armed conflicts to protect […] civilian critical infrastructure that provides services across several States, including the technical infrastructure essential to the general availability or integrity of the internet, [such as] undersea cables and orbit communication networks”.

We encourage delegations to consider whether some of these issues should also be reflected in the final OEWG report.  

Finally, I will turn to increasing States’ capacity on international law and the use of ICTs – the third question for this session. At the ICRC, we engage in a number of legal capacity-building projects. Let us highlight one that is of particular relevance.

In partnership with private and public institutions from around the world, the ICRC is supporting the Cyber Law Toolkit.[2] In this Toolkit, delegations find many concrete cases – written by experts and practitioners – explaining how international law, including IHL, applies to the use of ICTs by States, and a comprehensive list of all national and regional positions on international law and ICTs. 

Chair,

I cannot conclude without mentioning the global initiative to galvanize political commitment to IHL that was launched earlier this autumn by Brazil, China, France, Jordan, Kazakhstan, South Africa and the ICRC. Indeed, one of the workstreams that will compose this initiative will aim to foster agreement among States on how IHL imposes limits on ICT activities during armed conflicts. On the basis of a series of consultations open to all States, we will seek to develop concrete and practical recommendations on upholding the protection that IHL affords to civilian populations and other protected persons and objects against the danger arising from the use of ICTs during armed conflicts. 

Common understandings on how IHL applies to the use of ICTs can be achieved. The ICRC stands ready to continue supporting this endeavor here in New York and through the global initiative.  

Thank you.