Possibility of applying the rules of international humanitarian law to cyber warfare

Abstract

Cyber warfare represents a new form of conflict in today’s world. Unlike earlier traditional armed conflicts, cyber warfare is different in terms of means, methods, techniques, and actors. Cyber warfare takes place in virtual space through the use of information and communication technologies. The actors may be states, but also individuals who can inflict significant damage on their opponents. The consequences of cyber attacks may not be immediately apparent, but can manifest much later. Similarly, the outcome of a cyber attack can be material damage or the loss of human life. Since cyber operations can take place not only during conflicts but also in peacetime, the concept of cyber aggression is often present. States are aware of the new cyber threats and are developing their defensive and offensive capabilities, adopting strategies and doctrines addressing these issues. However, there is no international agreement that regulates the open issues related to cyber warfare, as there is no consensus among states on how to regulate it. There are attempts to apply the rules of international humanitarian law that govern armed conflicts to the realm of cyber warfare. Consensus within the international community has not been reached, leaving this area unregulated. The paper aims to examine the possibility of applying the rules of international humanitarian law, specifically the rules governing the right to use force in international relations (jus ad bellum) and the rules governing the conduct of parties in conflict (jus in bello), to cyber warfare.