Switzerland (2021)<\/a><\/span>\n <\/h3>\n “IHL prohibits or restricts means (weapons) and methods of warfare through general principles \u2013 regulating conduct or prohibiting certain effects \u2013 and specific rules addressing particular means and methods of warfare. As regards weapons, IHL distinguishes between the legality of a particular type of weapon (weapons law) and the legality of how it is used (law of targeting). The inherent characteristics of certain weapon categories entail that their use \u2013 in some or all circumstances \u2013 is unlawful per se. The admissibility of all other weapons depends on whether their use is in conformity with IHL.\n <\/p>\n
This is also applicable to cyberspace. In fact, developing or using new means and methods of warfare must be in compliance with existing international law, particularly IHL. This is true even if a weapon is not covered by a specific norm and the treaty provisions governing the conduct of hostilities do not explicitly refer to new technologies. The customary rules of IHL apply equally to all means and methods of warfare, including in cyberspace. Indeed, it is a long standing principle that the right of parties to an armed conflict to choose methods or means of warfare is not unlimited.”[21]<\/a><\/sup>\n <\/p>\n
”\n Legality of a particular type of weapon<\/b>\n <\/p>\n
IHL stipulates that any means or method of warfare possessing one or more of the following characteristics is inherently unlawful if:\n <\/p>\n
(1) it is of a nature to cause superfluous injury or unnecessary suffering;\n <\/p>\n
(2) it is indiscriminate by nature, because it cannot be directed against a specific military objective or its effects cannot be limited as required by IHL;\n <\/p>\n
(3) it is intended, or may be expected, to cause widespread, long-term or severe damage to the natural environment; or\n <\/p>\n
(4) it is specifically prohibited by treaty or customary international law. This is applicable to cyberspace and, therefore, to cyber means and methods of warfare.”[22]<\/a><\/sup>\n <\/p>\n “With regard to the lawful use of cyber means and methods of warfare, the rules and principles governing the conduct of hostilities must be respected. Belligerents must in particular comply with the principles of distinction, proportionality and precaution by:\n <\/p>\n
(1) distinguishing between military objectives on the one hand, and civilians or civilian objects on the other hand and, in case of doubt, presume civilian status;\n <\/p>\n
(2) evaluating whether the incidental harm expected to be inflicted on the civilian population or civilian objects would be excessive in relation to the concrete and direct military advantage anticipated from that particular attack;;\n <\/p>\n
(3) taking all feasible precautions to spare civilians and civilian objects.\n <\/p>\n
This is also applicable in cyberspace, when using cyber means and methods of warfare. […] In practice, a responsible actor should generally be able to assess the potential impact of their actions and any resulting damage. As this estimation depends, amongst other things, largely on the information available at the time when decisions about an operation are taken, the obligation to take all precautionary measures practically possible to spare civilians and civilian objects plays a particularly important role in the use of cyber means and methods of warfare.”[23]<\/a><\/sup>\n <\/p>\n