Cyber Warfare In Modern Armed Conflict: A Legal Crossroads In International Humanitarian Law

Resham Desai, Faculty of Law, The Maharaja Sayajirao University of Baroda

ABSTRACT

International Humanitarian Law was formulated in 1949 in an effort to extend the protection of law to combatants and civilians from collateral injury and mitigate humanitarian suffering incidental to war. The world has witnessed a sea change with respect to the socio-political and legal landscape. War, since the inception of human civilization, has been an ultimate reality of human survival. The evolution of human society saw a paradigm shift in the politico-legal aspect of war. With the advancement in technology, weaponization of armed hostilities have undergone a drastic change, with introduction of drone technology, aerial missiles and nuclear weapons. This article seeks to throw some light on the application of IHL to the phenomenon of cyber warfare as a significant shortcoming of existing IHL. The study assesses the nature of IHL and delves into the lacuna identified with respect to the contemporary armed conflicts. It explores this gap between IHL and its re-interpretation with evolving strategic and tactical activities and weapon technology deployed in war, with primary focus on cyberattacks. Cyberattacks and cyber espionage are relatively novel concepts with respect to IHL, and their reconciliation with IHL is an issue that requires urgent redressal in modern armed conflict. Cyber operations in armed conflicts, their nature, legal and humanitarian consequences, jurisdiction etc, are some of the issues that have no universally accepted solutions. What constitutes cyberattack under IHL? What constitutes cyber infrastructure? How can the circumstances under which cyber operations are conducted be identified? Does cyber warfare have limits and rules? Are civilian computers, networks and cyber infrastructure protected against cyberattacks? are the issues dealt with in this study along with the jurisdictional question involving cyber operations.