objects indispensable to survival
225
substances, such as chemical plants and petroleum refineries.81 Rules 37 to 39 and 51 to 58 govern attacks on these facilities. 7. The requirement to take particular care when attacking the installations and supporting cyber infrastructure referred to in this Rule does not apply when they are used regularly in direct support of military operations and attack is the only feasible way to terminate the use.82 Such support must be a departure from the installation’s ordinary function. For example, occasional military use of electricity generated by a nuclear power station does not bar the application of the Rule. If the protection ceases and any of the computers and computer networks that support the dams, dykes, and nuclear electrical generating stations are the object of a cyber attack, all feasible precautions must be taken to avoid the release of the dangerous forces in accordance with the general requirement to take precautions in attack (Rules 52 to 58).83 Of course, the principle of proportionality also applies (Rule 51). 8. Article 56(6) of Additional Protocol I provides for the optional identification of works and installations containing dangerous forces. As a matter of good practice, and when feasible, works and installations containing dangerous forces should also be identified with agreed-upon electronic markings, which would be particularly useful with regard to cyber operations.84 Such electronic markings can be used to supplement the special sign that indicates dams, dykes, and nuclear electrical generating stations. The absence of electronic or physical markings does not deprive them of their protected status.
SECTION 7: OBJE CTS INDISPENSABLE TO THE SURVIVAL OF THE CIVILIAN POPULATION Rule 81 – Protection of objects indispensable to survival Attacking, destroying, removing, or rendering useless objects indispensable to the survival of the civilian population by means of cyber operations is prohibited. 81 82
83 84
AMW Manual, commentary accompanying Rule 36. Additional Protocol I, Art. 56(2). See also UK Manual, paras. 5.30.5, fn. 124 (p. 406); Canadian Manual, para. 444; German Manual, para. 465. Additional Protocol I, Art. 56(3). Additional Protocol I, Art. 56(6). Art. 56(7) sets forth a physical means of marking installations containing dangerous forces. See also US Commander’s Handbook, figure 8-1j; UK Manual, para. 5.30.9.