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6. Article 23(h) of the Hague Regulations prohibits a party to the conflict from compelling enemy nationals to take part in military operations. Thus, although protected persons may have language skills, cultural understanding, knowledge as to computer systems operated by their own country, or other information that would enable the Occupying Power to undertake effective cyber military operations, such compulsory involvement is prohibited. The Group agreed that this prohibition extended to cyber activities that are preparatory to military operations, precautionary cyber measures to protect the Occupying Power’s own computer networks, or general maintenance of the Occupying Power’s computer networks that are used for military operations. Additionally, pursuant to Article 51 of Geneva Convention IV, the Occupying Power may not compel protected persons to serve in its armed or auxiliary forces.15 7. The Occupying Power shall, to the extent feasible in the circumstances and without any adverse distinction, ensure the continuance of computer operations that are essential to the survival of the civilian population of the occupied territory.16 Examples may include, depending on the circumstances, the operation of SCADA systems necessary for the functioning of utilities such as power grids, water purification plants, and sewage processing facilities.
Rule 88 – Public order and safety in occupied territory The Occupying Power shall take all the measures in its power to restore and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country, including the laws applicable to cyber activities. 1. This Rule is based on Article 43 of the Hague Regulations and Articles 27 and 64 of Geneva Convention IV. It reflects customary international law. 2. The Occupying Power has an obligation to restore and ensure public order and safety, including administration of the territory for the population’s benefit and maintenance of its critical infrastructure. This entails an obligation to restore and maintain cyber infrastructure essential
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sheltering, clothing, transportation or health of the population of the occupied country’. See also UK Manual, para. 11.52; German Manual, para. 564. Geneva Convention IV, Art. 147; UK Manual, para. 11.53.a. See Additional Protocol I, Art. 69(1), which the International Group of Experts agreed reflects customary international law. See also Commentary accompanying Rule 81.