Cyberwarfare als Herausforderung für das humanitäre Völkerrecht

Cyberwarfare has become an integral part of modern warfare in the 21st century, particu- larly in the context of hybrid conflicts. As is so often the case in the course of technological progress, the question arises as to whether international humanitarian law is adequately equipped to address the challenges it entails. Of particular concern are issues related to the initiation of an armed conflict solely through cyber-attacks, the attribution of such attacks, and the geographical scope of the application of international humanitarian law. Further- more, the increasing accessibility of computers creates new possibilities for the participa- tion of civilians in hostilities. Regarding the principle of distinction and the dual-use pro- blem, existing regulations take on a new significance. Additionally, the prohibition of perfidy raises specific questions in the context of cyber-attacks. This article examines these various legal issues, outlines key challenges, and proposes solutions within the framework of international humanitarian law, with due regard to the international law of neutrality and environmental law. In conclusion, it is argued that exist- ing international law is sufficient to address emerging challenges through the application of established norms.

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Publication Details

Journal
Archiv des Völkerrechts
Published
2025-01-01
DOI
https://doi.org/10.1628/avr-2025-0004
Primary Topic
German Security and Defense Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Cyberwarfare als Herausforderung für das humanitäre Völkerrecht

Broder Ernst
Archiv des Völkerrechts
German Security and Defense Policies
article

Cyberwarfare als Herausforderung für das humanitäre Völkerrecht

Broder Ernst
article en

Abstract

Cyberwarfare has become an integral part of modern warfare in the 21st century, particu- larly in the context of hybrid conflicts. As is so often the case in the course of technological progress, the question arises as to whether international humanitarian law is adequately equipped to address the challenges it entails. Of particular concern are issues related to the initiation of an armed conflict solely through cyber-attacks, the attribution of such attacks, and the geographical scope of the application of international humanitarian law. Further- more, the increasing accessibility of computers creates new possibilities for the participa- tion of civilians in hostilities. Regarding the principle of distinction and the dual-use pro- blem, existing regulations take on a new significance. Additionally, the prohibition of perfidy raises specific questions in the context of cyber-attacks. This article examines these various legal issues, outlines key challenges, and proposes solutions within the framework of international humanitarian law, with due regard to the international law of neutrality and environmental law. In conclusion, it is argued that exist- ing international law is sufficient to address emerging challenges through the application of established norms.

Archiv des VölkerrechtsVol. 63(1)
Openalex Percentile: Top 71%
German Security and Defense Policies
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