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9 views2 pages

Reflection Paper

Uploaded by

berthamlaki
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Cyber-attacks are malicious activities carried out through digital means with the intent to disrupt,

damage or gain unauthorized access computer systems, networks or data. These attacks can take
various forms such as hacking, malware deployment and services attacks. Under international
humanitarian law is still evolving, as legal framework has not full caught up with rapidly
changing technological landscape. However, there are some key principles and considerations
that apply;

For instance under the treaty law, there is no specific treaty that directly address cyber-attacks
under international humanitarian law. However existing IHL treaties can be applied to cyber
operations during armed conflicts.

The treaty like Geneva Conventions of 1949 and their protocols of 1977; from the core of IHL
treaty law. These treaties contain general principles and rules that can be interpreted to cover
cyber-attacks such as distinction between civilian and military targets, prohibition on attacks
causing excessive civil harm and obligations to take precautions to protect civilians.

The martens clause; also address the issue of cyber-attacks, which is a provision in the preamble
of the 1899 Hague convention, serves as a gap filler in situations not covered by specific treaty
provisions. Hence civilians and combatants remain under the protection of the principle of
humanity.

Additional, the Hague convention; the provisions on protecting civilians during armed conflicts
can also be relevant to cyber warfare scenarios. As cyber-attacks increasingly impact civilian
infrastructures such as hospitals, power grids and financial systems, the principles outlined in the
Hague convention can guide responses to mitigate harm to non-combatants.

Limiting Means and Methods in Cyber attacks

Moreover, the Hague Convention sets limits on the means and methods used in cyber warfare.
Just as traditional weapons are regulated to prevent unnecessary suffering and protect non-
combatants, IHL principles extend to cyber capabilities. This includes restrictions on targeting
civilian infrastructure, hospitals, transportation systems, or other critical services that could cause
disproportionate harm to civilians.
Protecting civilians from cyber operations

Another significant aspect addressed by the Hague Convention is the protection of civilians from
the effects of cyber operations during armed conflicts. As cyberspace becomes increasingly
intertwined with daily life and essential services, safeguarding civilians from disruptions caused
by malicious cyber activities is a priority under IHL. Ensuring that critical infrastructure remains
functional and that civilian populations are shielded from undue harm is a core objective
supported by these conventions.

Apart from the treaty, also the customary international law, address the issue of cyber-attacks,
through its two fundamental principles of distinction and proportionality are particularly relevant
to cyber warfare.

Principle of distinction; this principles requires parties to armed conflict distinguish between
civilian and combatants together with their objects. In the context of cyber-attacks, this means
that state must ensure cyber operations do not target civilian infrastructures unless such target
has a direct connection to military objectives.

Principle of proportionality; this principle stipulates that the anticipated military advantage
gained from an attack must out weight the potential harm to civilians and civilian objects. In
cyberspace, this means that state should consider whether the expected benefits from launching a
cyber-attack justify the potential collateral damage or disproportionate harm to civilian
infrastructures.

Therefore apart from the customary international law and the treaties which are the oldest one,
there is new manual which is actually address the issue of cyber-attack which is called a Tallinn
Manual, though is not a legal binding document, the Tallinn Manual provides guidance on how
existing international law, including international humanitarian law, applies to cyber operations.

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