OEWG: ICRC address to the final meeting on IHL and ICT activities during armed conflict – International Committee of the Red Cross (ICRC)

Report on the International Committee of the Red Cross (ICRC) Participation in the OEWG on ICTs

Introduction

The International Committee of the Red Cross (ICRC) expressed gratitude for the opportunity to participate in the final substantive session of the Open-Ended Working Group (OEWG) on Information and Communications Technologies (ICTs). The ICRC acknowledged the extraordinary efforts of the Chair’s team and the working group in negotiating a final report.

Current Context and Challenges

With over 130 armed conflicts worldwide, ICT activities have become integral to many of these conflicts. The delegations present have the critical responsibility to establish common understandings on international legal rules that:

• Limit malicious ICT activities
• Prevent escalation and new wars
• Protect civilian populations from harm during conflicts

The OEWG has effectively outlined current ICT threats, many of which have been observed by the ICRC in conflict zones.

Impact of Malicious ICT Activities on Civilians

Over the past five years, cyber operations have targeted essential services for civilian populations, including electricity networks, water treatment facilities, communication systems, medical activities, and humanitarian operations. These attacks endanger the lives and well-being of civilians.

The ICRC commended the draft final report, particularly paragraph 21, for recognizing the threat posed by malicious ICT activities targeting humanitarian organizations.

Call for Upholding International Legal Protections

In response to these threats, the ICRC urged all delegations to uphold existing consensus on protecting civilians and other protected persons and objects in armed conflict, including protection against malicious ICT activities.

Paragraphs 38-41 of the draft report were highlighted for referencing multiple agreements on the application of international law, including International Humanitarian Law (IHL), to ICT use.

Role of the OEWG and International Cooperation

The OEWG has served as a central platform for discussions, building upon the work of Groups of Government Experts (GGE), previous OEWGs, and the International Conference of the Red Cross and Red Crescent.

Global, regional, and cross-regional cooperation has led to broad agreement on a humanitarian red-line in ICT use, emphasizing that IHL prohibits:

• Attacks on civilian objects
• Targeting hospitals
• Indiscriminate or disproportionate attacks, including via ICTs

The ICRC called on delegations to reflect this humanitarian red-line in the final report.

Future Discussions and Legal Frameworks

Additional discussions are necessary to ensure effective application of IHL to ICT use in armed conflict.

Whether through building common understandings or developing additional legally binding instruments, negotiations must not undermine existing legal protections for civilians.

The ICRC expressed readiness to support states in future discussions and highlighted the ICT Workstream of the Global Initiative to Galvanize Political Commitment to International Humanitarian Law. This workstream provides a humanitarian space for in-depth exchanges to foster shared understanding on how IHL protects civilians from ICT-related dangers during armed conflicts.

Alignment with Sustainable Development Goals (SDGs)

The ICRC’s efforts and the OEWG’s work align closely with several Sustainable Development Goals, including:

1. SDG 3: Good Health and Well-being – Protecting medical activities and humanitarian operations from cyber attacks ensures continued access to essential health services during conflicts.
2. SDG 6: Clean Water and Sanitation – Safeguarding water treatment facilities from ICT disruptions supports access to clean water for affected populations.
3. SDG 9: Industry, Innovation, and Infrastructure – Protecting critical infrastructure such as electricity networks and communication systems from malicious ICT activities promotes resilient infrastructure.
4. SDG 16: Peace, Justice, and Strong Institutions – Upholding international humanitarian law and preventing malicious ICT activities contribute to peaceful and inclusive societies.

Conclusion

The ICRC commended the OEWG’s work over the past five years and urged the adoption of a strong final report with a clear humanitarian message: malicious cyber operations must not target civilian infrastructure during armed conflicts. This stance supports the protection of human life and dignity, consistent with the principles of the Sustainable Development Goals.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 3: Good Health and Well-being
   • The article discusses threats to medical activities and humanitarian operations during armed conflicts, highlighting the importance of protecting health services.
2. SDG 6: Clean Water and Sanitation
   • Cyber operations targeting water treatment facilities endanger access to clean water for civilian populations.
3. SDG 9: Industry, Innovation and Infrastructure
   • Disruption of electricity networks and communication systems through malicious ICT activities impacts critical infrastructure.
4. SDG 16: Peace, Justice and Strong Institutions
   • The article emphasizes upholding international humanitarian law (IHL) and protecting civilians in armed conflict, which aligns with promoting peaceful and inclusive societies.
5. SDG 17: Partnerships for the Goals
   • References to global, regional, and cross-regional cooperation and multilateral processes highlight the importance of partnerships.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. SDG 3 – Target 3.8: Achieve universal health coverage, including access to quality essential health-care services.
   • Protection of medical activities and humanitarian operations during conflicts supports this target.
2. SDG 6 – Target 6.1: Achieve universal and equitable access to safe and affordable drinking water.
   • Safeguarding water treatment facilities from cyber attacks aligns with this target.
3. SDG 9 – Target 9.1: Develop quality, reliable, sustainable and resilient infrastructure.
   • Preventing disruption of electricity and communication systems supports resilient infrastructure.
4. SDG 16 – Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • Protecting civilians and civilian infrastructure from malicious ICT activities in armed conflict contributes to reducing violence.
5. SDG 16 – Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice.
   • Upholding international humanitarian law and legal protections in ICT use during conflicts supports this target.
6. SDG 17 – Target 17.16: Enhance the global partnership for sustainable development.
   • Global and regional cooperation on ICT threats and humanitarian law reflects this target.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Indicators related to SDG 3 (Health and Well-being):
   • Number or frequency of cyber operations disrupting medical activities or humanitarian health services in conflict zones.
2. Indicators related to SDG 6 (Clean Water and Sanitation):
   • Incidents of cyber attacks targeting water treatment facilities affecting access to safe water.
3. Indicators related to SDG 9 (Infrastructure):
   • Number of disruptions to electricity networks and communication systems caused by malicious ICT activities.
4. Indicators related to SDG 16 (Peace, Justice and Strong Institutions):
   • Extent of adherence to international humanitarian law in ICT use during armed conflicts.
   • Number of reported malicious cyber operations against civilian infrastructure during conflicts.
   • Progress in multilateral negotiations and agreements on ICT use in armed conflict.
5. Indicators related to SDG 17 (Partnerships):
   • Number and effectiveness of global, regional, and cross-regional cooperative initiatives addressing ICT threats in conflict.

4. Table: SDGs, Targets and Indicators

Source: icrc.org