أ) أهداف التعهد
Technical progress presents both opportunities and risks that need to be responsibly managed by States to the benefit of civilians, persons in vulnerable situations, humanitarian personnel and volunteers. The increasing digitalisation of humanitarian organisations, the data they use and the assistance they provide presents an opportunity to deliver more efficient and effective humanitarian assistance, that is better tailored to the needs of persons affected by conflicts and other crises. However, the rapid adoption of technology and the still limited digital literacy and limited capacity within the sector to manage risks stemming from digital tools, remains the key challenge to be addressed to ensure that humanitarian organizations can responsibly harness technology and deploy it in line with the humanitarian principles. Moreover, the use of digital tools carries with it potential vulnerabilities, such as exposure of data or operations to cyber attacks or other malign cyber operations
The EU and its Member States recognize that cyber and information operations are today conducted in the context of armed conflicts and their use by belligerents is likely to increase in the future. Civilian actors – individuals, groups, and tech companies – increasingly risk-taking part in or being drawn into cyber or information operations, with potential consequences for their safety and lives as well as the safety and lives of others. Humanitarian organisations and civilian infrastructure are also facing new threats from the growing number of hybrid operations. It is important therefore to implement international humanitarian law in respect of cyber and information operations conducted in the context of an armed conflict, and to take steps to ensure respect by other actors.
Cyber space can bring various risks related to disinformation, or can be misused to promote hate speech and incite violence against civilians or other protected groups. Such risks should be prevented or mitigated. The provision of accurate information in an armed conflict is essential for civilians and other protected persons.
The EU and its Member States, in accordance with their respective competences, pledge to:
- continue efforts to support humanitarian organisations to digitalise, where relevant and in line with the humanitarian principles, while promoting the development of common appreciation within the humanitarian community of the risks stemming from new technologies and the means of mitigating those risks to ensure humanitarian organisations do no digital harm;
- support the implementation of the highest standards of protection of personal data of persons, especially of persons in vulnerable situations and of humanitarian personnel and volunteers, by humanitarian organisations, in line with the General Data Protection Regulation (GDPR)[1];
- support the improvement of access to accurate, reliable and trustworthy information from a variety of independent sources and ultimately address the harmful effects of disinformation and hate speech;
- implement and fully respect IHL in the conduct of cyber operations linked to armed conflict and to ensure the protection of civilians in accordance with IHL;
- promote the development of legal positions – internal or public as appropriate, alone or with others – that set out national positions on the application of IHL in cyberspace, topics may include adequate protection for civilians, civilian objects (including data), and other protected objects against cyber and information operations;
- encourage the development of procedures and technical measures to assess, prevent or mitigate the impact of cyber and information operations on civilian populations, in accordance with IHL;
- reaffirm – unilaterally, bilaterally, and multilaterally – their efforts to respecting and protecting medical services and impartial humanitarian activities, data, and personnel as much online as offline, and supporting the ICRC’s research and testing, carried out in consultation with other Movement components, in order to clarify the purpose and technical feasibility of a digital emblem in moving towards the development of a digital distinctive emblem;
- in relation to restrictive measures towards countries affected by armed conflict or other humanitarian crises, where relevant, commit to explore humanitarian exemptions for ICT equipment used for humanitarian and/or medical purposes as well as other services essential to meet the basic needs of civilian populations;
- confirm in regional and multilateral fora the respect for their IHL obligations in relation to cyber or information operations conducted in the context of armed conflicts.
[1] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
ب) خطة العمل:
The EU and its Member States, in accordance with their respective competences, intend to:
- avoid encouraging civilians to take a direct part in hostilities through digital means, and if civilians do so, provide clear warnings, where feasible, through digital tools, about the risks of such participation. In any case, prevent and ensure that children never take a direct part in hostilities in accordance with IHL;
- raise awareness of IHL rules on the protection of civilians during armed conflict, including, as applicable, in their contact with civilian hackers and private technology companies operating on their territory;
- ensure that national criminal law and regulations exist and are adequate to suppress or prosecute cyber operations conducted in violation of IHL, including if conducted by civilian hackers or private company staff operating on their territory;
- support the development of ethical standards on the use of digital tools by humanitarians, including on the protection of personal data, and the ethical and trustworthy use of new technologies such as Artificial Intelligence;
- promote better understanding of risks related to disinformation, hate speech and support activities, such as digital literacy training programmes, aimed at mitigating or building societal resilience against such risks;
- support further efforts of the International Red Cross and Red Crescent Movement, including the International Committee of the Red Cross, in this area, among others with regards to its ongoing research on, and testing of a digital emblem.
ج) مؤشرات قياس التقدم المحرز
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د) الآثار المترتبة على الموارد:
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