Justice in cyber conflicts: The role of the UN Security Council in ensuring accountability for violations of IHL

Given their ability to seriously threaten the civilian population and vital infrastructure, cyber-attacks pose an increasing threat to global security. Although international humanitarian law (IHL) offers a basis for protecting civilians and limiting conflict, its applicability in cyberspace remains insufficiently defined. This paper explores the function of the United Nations Security Council (UNSC) in guaranteeing accountability for violations of IHL in cyber operations. Through a qualitative analysis of the institutional and legal tools that the UN Security Council can use (resolutions, sanctions, ad hoc court procedures, etc.), as well as an examination of relevant incidents of cyber-attacks with serious humanitarian implications, the paper highlights important issues, including those on jurisdiction, sovereignty and political limitations in the application of international law. The goal of the paper is to review the possibilities of the Security Council, in cooperation with other UN bodies, to overcome these challenges, to ensure effective attribution of responsibility for cyber incidents and thereby improve the international system of protection and justice for victims. The paper concludes that such opportunities not only exist, but also that strengthening the authority of the Security Council has a very important role in building a fair mechanism for determining responsibility in cyber conflicts, with the aim of protecting IHL standards and ensuring justice for victims.