Note: This is an edited version of a paper published by the ICRC in June 2019.

Studies in Australian history have lamentably neglected the military traditions of First Australians prior to European contact. This is due largely to a combination of academic and social bigotry, and loss of Indigenous knowledge after settlement. Thankfully, the situation is beginning to change, in no small part due to the growing literature surrounding the Frontier Wars of Australia. All aspects of Indigenous customs and norms are now beginning to receive a balanced analysis. Yet, very little has ever been written on the laws, customs and norms that regulated Indigenous Australian collective armed conflicts. This paper, co-written by a military legal practitioner and an ethno-historian, uses early accounts to reconstruct ten laws of war evidently recognized across much of pre-settlement Australia. The study is a preliminary one, aiming to stimulate further research and debate in this neglected field, which has only recently been explored in international relations.

• • Cyber operations have become a reality in contemporary armed conflict. The International Committee of the Red Cross (ICRC) is concerned by the potential human cost arising from the increasing use of cyber operations during armed conflicts.

• • In the ICRC's view, international humanitarian law (IHL) limits cyber operations during armed conflicts just as it limits the use of any other weapon, means or method of warfare in an armed conflict, whether new or old.

• • Affirming the applicability of IHL does not legitimize cyber warfare, just as it does not legitimize any other form of warfare. Any use of force by States – cyber or kinetic – remains governed by the Charter of the United Nations and the relevant rules of customary international law, in particular the prohibition against the use of force. International disputes must be settled by peaceful means, in cyberspace as in all other domains.

• • It is now critical for the international community to affirm the applicability of international humanitarian law to the use of cyber operations during armed conflicts. The ICRC also calls for discussions among governmental and other experts on how existing IHL rules apply and whether the existing law is adequate and sufficient. In this respect, the ICRC welcomes the intergovernmental discussions currently taking place in the framework of two United Nations General Assembly mandated processes.

• • Events of recent years have shown that cyber operations, whether during or outside armed conflict, can disrupt the operation of critical civilian infrastructure and hamper the delivery of essential services to the population. In the context of armed conflicts, civilian infrastructure is protected against cyber attacks by existing IHL principles and rules, in particular the principles of distinction, proportionality and precautions in attack. IHL also affords special protection to hospitals and objects indispensable to the survival of the civilian population, among others.

• • During armed conflicts, the employment of cyber tools that spread and cause damage indiscriminately is prohibited. From a technological perspective, some cyber tools can be designed and used to target and harm only specific objects and to not spread or cause harm indiscriminately. However, the interconnectivity that characterizes cyberspace means that whatever has an interface with the Internet can be targeted from anywhere in the world and that a cyber attack on a specific system may have repercussions on various other systems. As a result, there is a real risk that cyber tools are not designed or used – either deliberately or by mistake – in compliance with IHL.

• • States’ interpretation of existing IHL rules will determine the extent to which IHL protects against the effects of cyber operations. In particular, States should take clear positions about their commitment to interpret IHL so as to preserve civilian infrastructure from significant disruption and to protect civilian data. The availability of such positions will also influence the assessment of whether the existing rules are adequate or whether new rules may be needed. If States see a need to develop new rules, they should build on and strengthen the existing legal framework – including IHL.

The ICRC Library is home to unique collections retracing the parallel development of humanitarian action and law during the past 150+ years. With the core of these collections now digitized, this reference library on international humanitarian law (IHL) and the International Committee of the Red Cross (ICRC) is a resource available to all, anytime, anywhere.

This section of the Review provides a summary of new ICRC-affiliated reports relating to this issue's theme of “Digital Technologies and War”, including the executive summaries of three such reports. For access to the full reports, please follow the links provided.

Jüri Ratas has been Estonia's Prime Minister since 2016 and is currently serving his second term in office. From 2007 to 2016, Ratas was Vice-President of the 11th, 12th and 13th Estonian Parliament. He was elected to the Tallinn City Council in 2005, 2009 and 2013, and served as the city's Mayor from 2005 to 2007, and as its Deputy Mayor from 2003 to 2004 and during 2005. His service in the Tallinn administration started when he was elected Economic Adviser to the Tallinn City Office, a position he served in from 2002 to 2003. Prior to holding this post, he served on the board of OÜ Värvilised from 1999 to 2002. During his time in office, Prime Minister Ratas has supported Estonia's various State-led digital transformation processes. In this interview, he reflects on how the “digital State” of Estonia has relied on digitally rooted solutions to tackle the COVID-19 pandemic. He also provides insights for the humanitarian sector on digital transformation processes, private–public sector collaborations and preventive digital approaches, such as investing in digital literacy and education, that can help mitigate the potentially adverse effects of digital advancements.