Search

At the time of composing the Oslo Manual, there were some fundamental differences of opinion among States as to the interpretation or acceptability of terms such as “cyber means of warfare”, “cyber methods of warfare”, and “cyber attacks”. The Group of Experts took cognizance of those differences of opinion but concluded, coherent with the view of the International Court of Justice, as expressed in the Nuclear Weapons Advisory Opinion that the cardinal principles of LOAC would apply to all forms of warfare. This includes cyber warfare.

Enemy military personnel and civilians who have been directly participating in hostilities who manifest the intent to surrender and who comply with the additional requirements of Rules 103 and 104 arehors de combatand may not be denied quarter.

During an international armed conflict

For the purposes of this Manual, a “remotely piloted aircraft” (RPA) is an aircraft that is controlled via a remote communication link by a human operator who is not located on board the aircraft.

For the purposes of this Manual, “Shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters during an armed conflict as a result of misfortune affecting them or the vessel, aircraft, or spacecraft carrying them.

Those who decide upon, plan, order or execute military operations during an armed conflict bear individual criminal responsibility for war crimes they have committed.

“Cultural property” means movable or immovable property, whether secular or religious and irrespective of origin or ownership, which is of great importance to the cultural heritage of every people. Examples include buildings and other monuments of historic, artistic or architectural significance; archaeological sites; artworks, antiquities, manuscripts, books, collections thereof, and collections of reproductions thereof; scientific collections; and archives. The term “cultural property” extends to buildings whose main and effective purpose is to preserve or exhibit movable cultural property and to refuges intended to shelter it, as well as to centres containing a large amount of movable or immovable cultural property.

States, having laid submarine cables or pipelines, or whose nationals have laid and operate such cables and pipelines, are entitled to take protective measures with a view to preventing or terminating any harmful interference.

When planning and conducting military operations during an armed conflict, due regard should be given to the natural environment.

To a certain extent, this Section overlaps some provisions of chapter “Section III: Remote and Autonomous Weapons” inasmuch as both Sections deal with unmanned systems. However, whereas chapter “Section III: Remote and Autonomous Weapons” addresses both unmanned platforms and weapon systems, the present Section focuses on unmanned maritime platforms that may or may not be integral parts of a weapon system. The maritime platforms and systems dealt with here must therefore be distinguished from automated weapon systems, in particular those for the defence of surface platforms against missile threats. Accordingly, the terminology used in this Section does not necessarily replicate that used in chapter “Section III: Remote and Autonomous Weapons”.

Withholding of consent can be arbitrary if it is not compatible,inter alia,with other obligations under applicable principles and rules of LOAC, or if it is unreasonable given the needs of the civilian population in the prevailing circumstances.

In the context of armed conflict—whether international or non-international—civilians who conduct attacks using unmanned systems, including RPA and UMS, are directly participating in hostilities.

“Military objectives”, as far as objects are concerned, are those objects which by their nature, location, purpose or use, make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

With due regard for the rights of other States, coastal States are entitled to install, operate and maintain undersea systems and devices, whether military or civilian in nature, in their territorial sea, continental shelf and EEZ.

It is specifically prohibited to destroy, damage or seize enemy private or public property unless such destruction is justified by military necessity under the principles and rules of LOAC.

For the purposes of this Manual

The right of self-defence applies in response to an armed attack by non-State armed groups.