Cyber warfare and international humanitarian law: evaluating the need for a dedicated legal framework

Abstract

Cyber operations have become a significant aspect of modern warfare, yet they still depend on general international humanitarian law principles to safeguard civilians. This study examines the current legal framework governing cyber warfare and analyses recent cases where the application of IHL to cyber operations has been questioned. It argues for establishing a dedicated legal framework within IHL to specifically address cyber warfare, ensuring that the objectives of IHL, such as the protection of civilians and military necessity, are fully met. The study draws on legal positivism and realism in international relations to assess the need for this specialized framework. By interpreting existing laws and literature on cyber operations, it highlights the inadequacies of the current framework, particularly challenges in applying the definition of an attack and the principle of distinction to cyber operations. In conclusion, it proposes a dedicated framework under IHL that clarifies key principles and definitions, addressing ambiguities and limiting varied interpretations in the context of cyber warfare.