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The law of armed conflict and cyber warfare
The law of armed conflict and cyber warfare







Schmitt, ‘PILAC Lecture on Cyber Operations and IHL: Fault Lines and Vectors’ (April 2015) Lecture at Harvard Law School accessed. The first ever cyber-attack was reported in 2007 when riots were enabled through social media by Russia in Estonia. ACCOUNTING OFFICE, GAO/AIM-98-155, AIR TRAFFIC CONTROL: WEAK COMPUTER SECURITY PRACTICES JEOPARDIZE FLIGHT SAFETY 9 (May 1998). These attacks can be lethal as well, when for instance, blackout in the air traffic control leads to airplane crash. The article will also seek to provide recommendations on how to regulate cyber operations during armed conflicts.Ĭyber warfare refers to the “ means and methods of warfare that consist of cyber operations amounting to, or conducted in the context of, an armed conflict, within the meaning of International Humanitarian Law.” 1 ICRC, ‘What Limits Does the Law of War Impose on Cyber Attacks?’ (2013) accessed Cyber-attacks may involve destroying financial records, causing cyber blackouts, disrupting stock markets, etc. It will analyse how IHL regulates cyber operations during an armed conflict and will assess the gaps in the current legal regime. This paper will consider the application of IHL during cyber operations, and the challenges associated with it. However, there remain several issues within the legal framework suggested which require further clarification, this may even take the form of future state practice in this field. Currently, there is no treaty that deals specifically with the development and use of cyber warfare, however the Tallinn Manual, which is a non-binding document, explores the applicability of international humanitarian law (“IHL”) to cyber operations and how they are to be applied. Cyber warfare is a relatively new domain in which attacks are being launched and there is a need to explore how this area is governed by international law. Recently, many States and non-State actors have started engaging in more advanced techniques of launching attacks while relying on digital infrastructure. Wars have been fought on land, sea, air and now in cyberspace.









The law of armed conflict and cyber warfare