The Legal Status of Cyber Warfare under International HumanitarianLaw

Abstract

Such unprecedented challenges to the application of traditional International Humanitarian Law (IHL) have been caused by the rapid growth of cyberwarfare capabilities. Within the scope of the current legal standards and the application to the cyberspace of armed conflict, the article focuses also on the Geneva Conventions and other Protocols. The most significant legal ambiguities identified in the study after the review were the applicability of the proportionality concept in cyberspace where consequences are unpredictable and may have far-reaching effects, the distinction between civilian and military cyber infrastructure, and the perception of cyberattacks as attacks under IHL. Recent state actions, including cyber activities in Ukraine, Georgia, and Estonia, highlight the urgent need for clarity in the law. The article argues that even though the present principles of IHL still have relevance to the realm of cyber warfare, their comprehension has to be distorted to reflect the particular characteristics of cyberspace, namely, issues of attribution, dual-use systems, and transnational effects. The research concludes that there needs to be a more comprehensive international agreement to prevent basic humanitarian protection from being undermined by cyber activities in modern warfare.