![]() Since the beginning of the Covid-19 pandemic, malicious cyber activity against healthcare facilities has surged, as could be witnessed at a Düsseldorf hospital last September where the hospital was forced to de-register from providing emergency care. For example, a ransomware operation against a hospital might lead to the encryption of critical patient data, forcing the hospital to postpone important surgeries or even shut down entirely. Military cyber operations can affect civilian data in different ways, depending on the means of conduct and the operation’s target. At the same time, the debate has at times suffered from ambiguities and inaccuracies concerning the subject matter. It is therefore only natural that experts of international humanitarian law (IHL) have for a while now pondered over the question of how to treat data under the existing legal frameworks applicable to armed conflicts, starting from the premise that, in the words of the International Committee of the Red Cross, military operations affecting data “ could cause more harm to civilians than the destruction of physical objects”. ![]() Indeed, the notion of data is embedded in the very concept of digitalisation, and no process or service that relies on computing power is conceivable without it. These days, our thoroughly digitalised societies run on data. ![]()
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