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The International Group of Experts and Participants
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x |
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Short form citations
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xiv |
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Introduction
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1 |
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Part I International cyber security law
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1 States and cyberspace
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15 |
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Section 1:Sovereignty, jurisdiction, and control
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15 |
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Rule 1 – Sovereignty
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15 |
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Rule 2 – Jurisdiction
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18 |
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Rule 3 – Jurisdiction of flag States and States of registration
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21 |
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Rule 4 – Sovereign immunity and inviolability
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23 |
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Rule 5 – Control of cyber infrastructure
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26 |
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Section 2:State responsibility
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29 |
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Rule 6 – Legal responsibility of States
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29 |
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Rule 7 – Cyber operations launched from governmental cyber infrastructure
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34 |
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Rule 8 – Cyber operations routed through a State
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36 |
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Rule 9 – Countermeasures
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36 |
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2 The use of force
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42 |
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Section 1:Prohibition of the use of force
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42 |
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Rule 10 – Prohibition of threat or use of force
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42 |
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Rule 11 – Definition of use of force
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45 |
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Rule 12 – Definition of threat of force
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52 |
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Section 2:Self-defence
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54 |
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Rule 13 – Self-defence against armed attack
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54 |
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Rule 14 – Necessity and proportionality
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61 |
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Rule 15 – Imminence and immediacy
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63 |
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Rule 16 – Collective self-defence
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67 |
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Rule 17 – Reporting measures of self-defence
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68 |
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Section 3:Actions of international governmental organizations
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69 |
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Rule 18 – United Nations Security Council
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69 |
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Rule 19 – Regional organizations
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71 |
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Part II The law of cyber armed conflict
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3 The law of armed conflict generally
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75 |
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Rule 20 – Applicability of the law of armed conflict
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75 |
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Rule 21 – Geographical limitations
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78 |
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Rule 22 – Characterization as international armed conflict
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79 |
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Rule 23 – Characterization as non-international armed conflict
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84 |
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Rule 24 – Criminal responsibility of commanders and superiors
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91 |
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4 Conduct of hostilities
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95 |
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Section 1:Participation in armed conflict
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95 |
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Rule 25 – Participation generally
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95 |
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Rule 26 – Members of the armed forces
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96 |
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Rule 27 – Levée en masse
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102 |
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Rule 28 – Mercenaries
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103 |
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Rule 29 – Civilians
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104 |
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Section 2:Attacks generally
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105 |
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Rule 30 – Definition of cyber attack
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106 |
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Rule 31 – Distinction
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110 |
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Section 3:Attacks against persons
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113 |
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Rule 32 – Prohibition on attacking civilians
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113 |
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Rule 33 – Doubt as to status of persons
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114 |
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Rule 34 – Persons as lawful objects of attack
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115 |
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Rule 35 – Civilian direct participants in hostilities
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118 |
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Rule 36 – Terror attacks
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122 |
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Section 4:Attacks against objects
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124 |
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Rule 37 – Prohibition on attacking civilian objects
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124 |
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Rule 38 – Civilian objects and military objectives
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125 |
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Rule 39 – Objects used for civilian and military purposes
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134 |
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Rule 40 – Doubt as to status of objects
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137 |
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Section 5:Means and methods of warfare
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140 |
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Rule 41 – Definitions of means and methods of warfare
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141 |
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Rule 42 – Superfluous injury or unnecessary suffering
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143 |
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Rule 43 – Indiscriminate means or methods
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144 |
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Rule 44 – Cyber booby traps
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146 |
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Rule 45 – Starvation
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148 |
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Rule 46 – Belligerent reprisals
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149 |
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Rule 47 – Reprisals under Additional Protocol I
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152 |
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Rule 48 – Weapons review
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153 |
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Section 6:Conduct of attacks
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156 |
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Rule 49 – Indiscriminate attacks
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156 |
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Rule 50 – Clearly separated and distinct military objectives
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158 |
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Rule 51 – Proportionality
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159 |
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Section 7:Precautions
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164 |
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Rule 52 – Constant care
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165 |
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Rule 53 – Verification of targets
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167 |
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Rule 54 – Choice of means or methods
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168 |
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Rule 55 – Precautions as to proportionality
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170 |
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Rule 56 – Choice of targets
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170 |
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Rule 57 – Cancellation or suspension of attack
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172 |
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Rule 58 – Warnings
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173 |
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Rule 59 – Precautions against the effects of cyber attacks
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176 |
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Section 8:Perfidy, improper use, and espionage
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180 |
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Rule 60 – Perfidy
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180 |
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Rule 61 – Ruses
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184 |
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Rule 62 – Improper use of the protective indicators
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185 |
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Rule 63 – Improper use of United Nations emblem
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187 |
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Rule 64 – Improper use of enemy indicators
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188 |
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Rule 65 – Improper use of neutral indicators
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191 |
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Rule 66 – Cyber espionage
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192 |
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Section 9:Blockade and zones
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195 |
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Rule 67 – Maintenance and enforcement of blockade
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200 |
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Rule 68 – Effect of blockade on neutral activities
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200 |
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Rule 69 – Zones
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202 |
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5 Certain persons, objects, and activities
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203 |
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Section 1:Medical and religious personnel and medical units, transports, and material
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204 |
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Rule 70 – Medical and religious personnel, medical units and transports
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204 |
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Rule 71 – Medical computers, computer networks, and data
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206 |
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Rule 72 – Identification
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206 |
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Rule 73 – Loss of protection and warnings
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208 |
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Section 2:United Nations personnel, installations, materiel, units, and vehicles
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210 |
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Rule 74 – United Nations personnel, installations, materiel, units, and vehicles
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210 |
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Section 3:Detained persons
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213 |
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Rule 75 – Protection of detained persons
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214 |
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Rule 76 – Correspondence of detained persons
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216 |
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Rule 77 – Compelled participation in military activities
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217 |
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Section 4:Children
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218 |
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Rule 78 – Protection of children
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218 |
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Section 5:Journalists
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220 |
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Rule 79 – Protection of journalists
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220 |
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Section 6:Installations containing dangerous forces
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223 |
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Rule 80 – Duty of care during attacks on dams, dykes, and nuclear electrical generating stations
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223 |
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Section 7:Objects indispensable to the survival of the civilian population
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225 |
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Rule 81 – Protections of objects indispensable to survival
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225 |
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Section 8:Cultural property
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228 |
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Rule 82 – Respect and protection of cultural property
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228 |
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Section 9:The natural environment
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231 |
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Rule 83 – Protection of the natural environment
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231 |
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Section 10:Diplomatic archives and communications
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233 |
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Rule 84 – Protection of diplomatic archives and communications
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233 |
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Section 11:Collective punishment
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234 |
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Rule 85 – Collective punishment
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234 |
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Section 12:Humanitarian assistance
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236 |
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Rule 86 – Humanitarian assistance
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236 |
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6 Occupation
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239 |
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Rule 87 – Respect for protected persons in occupied territory
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240 |
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Rule 88 – Public order and safety in occupied territory
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242 |
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Rule 89 – Security of the Occupying Power
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244 |
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Rule 90 – Confiscation and requisition of property
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245 |
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7 Neutrality
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248 |
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Rule 91 – Protection of neutral cyber infrastructure
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250 |
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Rule 92 – Cyber operations in neutral territory
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251 |
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Rule 93 – Neutral obligations
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252 |
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Rule 94 – Response by parties to the conflict to violations
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254 |
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Rule 95 – Neutrality and Security Council actions
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255 |
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Glossary
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257 |
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Index
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263 |
