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====== Additional Protocol I to the Geneva Conventions (1977) ======

//As of 1 October 2026. Information only, not legal advice – see the [[about:disclaimer|disclaimer]].//

^ Full title | Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) |
^ Type | Treaty |
^ Adopted by | Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva) |
^ Adopted | 8 June 1977 |
^ Legal status | In force since 7 December 1978; 174 States parties according to the ICRC (June 2024); binding on States parties |
^ Official text | [[https://ihl-databases.icrc.org/en/ihl-treaties/api-1977|ICRC IHL Databases – Additional Protocol I]] |
^ Subject area | Armed conflict (international humanitarian law) |

===== Overview =====
Additional Protocol I (AP I) supplements the four Geneva Conventions of 1949 for international armed conflicts. It codifies and develops rules on the conduct of hostilities, in particular the principle of distinction, the prohibition of indiscriminate and disproportionate attacks, and precautions in attack. The Protocol contains no provision specific to computer networks or information and communication technologies (ICTs). It is referred to in debates on whether and how the rules on "attacks", civilian objects and specially protected objects apply to cyber operations during armed conflict, and in discussions on the legal review of new means and methods of warfare. The International Committee of the Red Cross (ICRC) and the International Conference of the Red Cross and Red Crescent have addressed its application to ICT activities.

===== Provisions relevant to the cyber and information sphere =====
  * **Art. 36** – Obliges a State party, in the study, development, acquisition or adoption of a new weapon, means or method of warfare, to determine whether its employment would in some or all circumstances be prohibited by the Protocol or other applicable international law.
  * **Art. 37(2)** – Ruses of war are not prohibited; the provision lists, among examples, the use of camouflage, decoys, mock operations and misinformation. Perfidy (Art. 37(1)) remains prohibited.
  * **Art. 48** – Basic rule of distinction between the civilian population and combatants and between civilian objects and military objectives.
  * **Art. 49** – Defines "attacks" as acts of violence against the adversary, whether in offence or in defence. Whether and when a cyber operation constitutes an "attack" in this sense is discussed (see below).
  * **Art. 51** – Protection of the civilian population; prohibits indiscriminate attacks (Art. 51(4)–(5)) and acts or threats of violence the primary purpose of which is to spread terror among the civilian population (Art. 51(2)).
  * **Art. 52** – General protection of civilian objects; defines military objectives by their effective contribution to military action and the definite military advantage offered by their destruction, capture or neutralization.
  * **Art. 54** – Protection of objects indispensable to the survival of the civilian population (e.g. drinking water installations).
  * **Art. 56** – Protection of works and installations containing dangerous forces (dams, dykes, nuclear electrical generating stations).
  * **Art. 57** – Precautions in attack; **Art. 58** – precautions against the effects of attacks.

===== Application to cyber and information operations =====
**ICRC.** In a position paper of November 2019 submitted to the UN Open-ended Working Group (OEWG) and the Group of Governmental Experts (GGE) on ICTs, the ICRC stated that IHL limits cyber operations during armed conflict and that "affirming the applicability of IHL does not legitimize cyber warfare". The ICRC takes the view that an operation designed to disable a computer or network constitutes an attack under IHL whether the object is disabled through kinetic or cyber means, that deleting or tampering with essential civilian data should be covered by IHL protections, and that States must conduct legal reviews of cyber means and methods of warfare under Art. 36. In October 2023 ICRC legal advisers published "8 rules" for civilians engaging in cyber operations during armed conflict and four obligations of States to restrain them.

**International Conference of the Red Cross and Red Crescent.** On 31 October 2024 the 34th International Conference (Geneva, 28–31 October 2024) adopted Resolution 2, "Protecting civilians and other protected persons and objects against the potential human cost of ICT activities during armed conflict" (34IC/24/R2). The resolution recalls that IHL applies only in situations of armed conflict and states that further study on how IHL principles apply to ICT activities is needed. It recalls, among others, the principle of distinction, the prohibitions of indiscriminate and disproportionate attacks, and precautions; refers to the protection of civilian infrastructure, including infrastructure that extends across borders (such as internet infrastructure, undersea cables and satellite networks); refers to the protection of medical services and humanitarian activities relying on ICTs; and encourages the ICRC to continue consulting States and Movement components on the purpose and technical feasibility of a "digital emblem".

**States.** Numerous States have published national positions on the application of international law, including IHL, in cyberspace; positions differ, for example, on whether data can constitute a civilian object and on the threshold at which a cyber operation constitutes an "attack". See [[law:un:ict_norms]] and [[law:national:germany]]. The Tallinn Manual 2.0, a non-official expert work, also addresses these questions ([[law:soft:tallinn_manual]]).

===== Recent developments =====
  * 2019-11: ICRC position paper "International humanitarian law and cyber operations during armed conflicts" submitted to the OEWG and GGE (ICRC).
  * 2023-10-04: ICRC Humanitarian Law & Policy blog publishes "8 rules for 'civilian hackers' during war, and 4 obligations for states to restrain them" (ICRC).
  * 2024-10-31: 34th International Conference adopts Resolution 2 on ICT activities during armed conflict (ICRC; rcrcconference.org).
  * 2025-07: An Internet Engineering Task Force (IETF) working group on the digital emblem begins work (ICRC Humanitarian Law & Policy blog, January 2026).
  * 2026-07-09: The ICRC launches phase II of its digital emblem project; the IETF working group on the digital emblem has not yet published a standard (ICRC; IETF Datatracker).

===== Related entries =====
  * [[law:un:charter]]
  * [[law:un:ict_norms]]
  * [[law:un:laws]]
  * [[law:icl:rome_statute]]
  * [[law:soft:tallinn_manual]]
  * [[law:national:germany]]
  * [[gaps:nc3]]
  * [[gaps:laws_treaty]]

===== Sources =====
  * [[https://ihl-databases.icrc.org/en/ihl-treaties/api-1977|ICRC IHL Databases – Additional Protocol I (1977)]], accessed 2026-09-27
  * [[https://www.un.org/en/ga/sixth/79/protocols/icrc_e.pdf|ICRC, Status of the Protocols Additional to the Geneva Conventions, statement to the UN General Assembly Sixth Committee (79th session)]], accessed 2026-09-27
  * [[https://www.icrc.org/en/document/international-humanitarian-law-and-cyber-operations-during-armed-conflicts|ICRC, International humanitarian law and cyber operations during armed conflicts (position paper, November 2019)]], accessed 2026-09-27
  * [[https://international-review.icrc.org/articles/ihl-and-cyber-operations-during-armed-conflicts-913|International Review of the Red Cross No. 913 – ICRC position paper]], accessed 2026-09-27
  * [[https://blogs.icrc.org/law-and-policy/2023/10/04/8-rules-civilian-hackers-war-4-obligations-states-restrain-them/|ICRC Humanitarian Law & Policy blog, 8 rules for "civilian hackers" during war (4 October 2023)]], accessed 2026-09-27
  * [[https://www.icrc.org/en/article/resolution-protecting-civilians-objects-against-ict-activities-armed-conflict|ICRC, Resolution on protecting civilians against ICT activities during armed conflict]], accessed 2026-09-27
  * [[https://rcrcconference.org/app/uploads/2024/11/34IC_R2-ICT-EN.pdf|34th International Conference, Resolution 2 (34IC/24/R2), text]], accessed 2026-09-27
  * [[https://blogs.icrc.org/law-and-policy/2026/01/15/ihls-lighthouse-navigating-towards-a-digital-emblem/|ICRC Humanitarian Law & Policy blog, IHL's lighthouse: navigating towards a digital emblem (15 January 2026)]], accessed 2026-09-27
  * [[https://icrc.org/en/article/icrc-digital-emblem-project|ICRC, Digital emblem project]], accessed 2026-10-01
  * [[https://datatracker.ietf.org/wg/diem/about/|IETF Datatracker, Digital Emblems (diem) working group]], accessed 2026-10-01

===== Change log =====
  * 2026-09-27: Entry created (draft).
  * 2026-09-30: Entry reviewed and finalised.
  * 2026-10-01: Digital emblem project, phase II, added.