REGULATING CYBER ATTACKS IN ARMED CONFLICTS UNDER INTERNATIONAL HUMANITARIAN LAW: A LEGAL FRAME WORK

Abstract

Protection of civilians and non-military infrastructure has always been a source of concern since inception of warfare. International humanitarian law provides protection to those not participating in the conflict. However, the paradigm shift of the warfare from purely kinetic to non-kinetic nature, where cyber has emerged as a fifth domain in the warfare has raised concerns over the inadequacy of international humanitarian law, primarily drafted for purely kinetic nature of warfare. This intricates cosmos of cyber warfare nurtures several queries regarding the inadequacies of international humanitarian law. The proposed research critically investigates existing international treaties, conventions and state practices regulating the cyber space to analyze relevance of these instruments in the battle fields powered by net-centric sensors and machine-controlled shooters grids. The research will address three core questions by employing doctrinal, qualitative and comparative analysis approaches. Firstly, the classification of cyber warfare under jus ad bellum and jus in bello, the classical principals of international law. Secondly, attribution of responsibility for the acts in cyber dominant environment characterized by obscurity and proxy activity. Thirdly, how the principles of proportionality, precaution and distinction can meaningfully be applied in cyberwarfare. The UN Charter (1945) and The Geneva Conventions (1949) along with the additional protocols (1977) forms the primary legal resources. Supplementary guidance is drawn from the Tallin Manual, contemporary state practices and International Committee of Red Cross (ICRC) work in addition to the analysis of recent incidents like Russia-Ukraine conflict to examine the doctrinal adequacy in real circumstances. The research is aimed to propose an all-inclusive legal framework to harmonize the conventional principles of international law with digital realities to safeguard effective protection of civilian on one hand while attributing accountability on the other hand, in the context of cyber warfare.