medical and religious personnel
207
1. This Rule applies the law of armed conflict provisions as to the marking of medical units and medical transports with a distinctive emblem to computers, computer networks, and data that form an integral part of their operations. It applies in both international and noninternational armed conflict as customary international law.12 2. For the meaning of the term ‘data’ in this context, see the Commentary accompanying Rule 71. 3. Electronic markings are provided for under Articles 8(m) and 18(5) of Additional Protocol I as additional means to facilitate the identification of medical units and transports. These markings may be used to supplement the distinctive emblems. Use of appropriate electronic markings by States not Party to Additional Protocol I is also encouraged. 4. It is the contribution to the medical function that computers, computer networks, and data that form an integral part of the operations or administration of medical units and transports make that determines their protected status.13 Distinctive emblems and other means of identification only facilitate identification and do not, of themselves, confer protected status. This principle is codified in Article 1 of Annex I of Additional Protocol I (as amended in 1993) and in paragraph 4 of the Preamble to Additional Protocol III. Since protected status is not derived from the distinctive emblem or other means of identification per se, such computers, computer networks, and data are protected regardless of whether they bear the distinctive emblem or other means of identification.14 The phrase ‘all feasible measures’ is included in this Rule to emphasize the fact that military, humanitarian, technical, or other considerations might make marking impractical in certain circumstances. 5. In the cyber context, marking could be achieved by adding identifiers to the data or by notifying, directly or indirectly, the other party to the conflict of unique identifiers related to the relevant computers,
12
13 14
Additional Protocol I, Art. 18; Additional Protocol II, Art. 12; Geneva Convention I, Art. 42; Geneva Convention II, Arts. 43, 44; Geneva Convention IV, Arts. 18, 20–2; US Commander’s Handbook, para. 8.5.1.1; UK Manual paras. 7.23–7.23.3 (as amended), 15.48; Canadian Manual, paras. 915, 916, 917; German Manual paras. 635, 638; AMW Manual, Rule 72(a), chapeau to sec. K; NIAC Manual, commentary accompanying para. 3.2. See AMW Manual, commentary accompanying Rule 72(c). See US Commander’s Handbook, para. 8.2.4.1; German Manual, para. 612; AMW Manual, Rule 72(d) and accompanying commentary; ICRC Customary IHL Study, commentary accompanying Rule 30.