Title: Application of the Law of Armed Conflict, Including International Humanitarian Law, In Cyberspace
Abstract: During a war or an armed conflict which is not a declared war, the law of armed conflict, including international humanitarian law, regulates the rights and obligations of fighting parties. The same applies to cyberattacks as part of a war or an armed conflict, where the parties concerned must respect not only the rules of permissible means and methods of warfare, but also the principles of proportionality, distinction between civilians and fighters, and military necessity. For example, the law of armed conflict prohibits cyberattacks that could have destroyed dams, power stations, nuclear stations, and other facilities or infrastructures, with excessively devastating consequences. However, a cyber infrastructure is usually a dual use object and it is practically difficult to distinguish between the one used for military purposes and that used for purely civilian purposes. In a cyber interdependent world, cyberattack against a military target may lead to a disproportionate, indiscriminate adverse effect on civilians not taking a direct part in hostilities. Military personnel must, therefore, make a careful, informed decision when planning and carrying out cyberattack during an armed conflict or a war. Non-State actors, cyber warriors, or cyber mercenaries taking a direct part in hostilities to support one or more side in an armed conflict/war may be subjected to attack by the other belligerent under the law of war. Artificial intelligence that makes soldiers wage cyber war against a remote target according to the programmed judgment of the AI presents a frightening challenge with regard to the law of armed conflict.
Publication Year: 2017
Publication Date: 2017-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 1
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