The Legal Implications of Cyber Warfare under International Humanitarian Law

Abstract: International humanitarian law (IHL) struggles to cope with the unprecedented challenge that modern conflict has created with the fact of cyber warfare becoming a key feature of battle. In this paper, traditional principles of armed conflict law are applied to cyber operations, exploring the legal gaps and interpretive issues which arise when cyberspace attacks critical infrastructure and civilian networks as well as military systems. This study shows, based on analysis of recent state practice, expert opinions and new case law, that principle of existing IHL principles are still valid of cyber warfare, yet that there are still substantial legal uncertainties as to attribution, proportionality and the protection of civilian cyber infrastructure. Here the article suggests that urgent legal standards clarification is required to prevent humanitarian protection erosion in cyberspace and proposes specific international legal development areas for the highest priority.