Cyber warfare and international humanitarian law : a matter of applicability / Evangelia Linaki

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Document type:

Article

Title:

Cyber warfare and international humanitarian law : a matter of applicability

Author zone:

Evangelia Linaki

Host item entries:

Humanitäres Völkerrecht : Informationsschriften = Journal of international law of peace and armed conflict, Vol. 27, 4/2014, p. 169-176

Languages:

English

Abstract:

This article deals with the notion of "cyber warfare" within the context of international humanitarian law. As a first step, the terms of "cyber warfare" and "cyber attack" are clarified. Subsequently, an effort is made to look into whether and, if so, under what kind of circumstances a cyber operation can trigger or amount to an armed conflict, by employing the traditional distinction between an international armed conflict and a non-international armed conflict. However, two more criteria are suggested - a consequential approach and the affinity of cyber operations with military operations. According to which international humanitarian law would regulate a cyber operation occurring within the context of an existing armed conflict. Lastly, an analysis of cyber incidents - including "Stuxnet" - is provided, which contributes to the identification of the most important challenge international humanitarian law faces with regard to cyber warfare : attribution of conduct.

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