Legal responsibility for cyber wars in light of the rules and provisions of international humanitarian law
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Date
2025-01-11
Authors
Nadia Alkeelany
Journal Title
Journal ISSN
Volume Title
Publisher
An-Najah University
Abstract
This study addresses legal responsibility for cyber warfare in light of the rules and provisions of international humanitarian law (IHL). It examines how IHL applies to cyber wars, highlighting the unique challenges posed by modern technological advancements and the necessity to adapt existing legal frameworks to address these challenges effectively.
The importance of this study lies in its focus on defining the concept of cyber warfare and evaluating the applicability of IHL principles in regulating cyber-attacks during armed conflicts. Despite the establishment of foundational IHL principles through the four Geneva Conventions of 1949 and the two additional protocols of 1977, the rapid evolution of technology necessitates a reexamination of these laws in the context of cyber warfare.
The research problem revolves around the lack of an integrated legal and humanitarian approach to cyber warfare, emphasizing the difficulties in comparing traditional and cyber warfare. The study adopts an analytical methodology, examining the application of IHL principles to cyberspace activities by state and non-state actors in situations that qualify as armed conflicts.
The study is divided into three main chapters:
The first chapter: explores the nature and origin of cyber warfare, its definition, and its classification within existing legal frameworks.
The second chapter: investigates how state and non-state actors engage in cyber warfare, their objectives, and the implications for international agreements and customary rules of armed conflict.
The third chapter: focuses on the legal and ethical considerations of cyber warfare, analyzing how principles like proportionality, distinction, and civilian protection apply to cyber operations.
The study concludes with a set of results and recommendations, emphasizing the importance of updating and expanding IHL to address the evolving nature of warfare. Among the most significant findings are the urgent need to clarify the legal classification of cyber warfare and the necessity for international cooperation in establishing frameworks for cyber defense and security. The key recommendations call for enhanced collaboration among states and international organizations to develop practical, enforceable measures to regulate and mitigate the risks of cyber warfare.