Skip to main content
Author(s):
Cordula Droege
Journal
Cambridge University Press (CUP)
Abstract

The potential humanitarian impact of some cyber operations on the civilian population is enormous. It is therefore important to discuss the rules of international humanitarian law (IHL) that govern such operations because one of the main objectives of this body of law is to protect the civilian population from the effects of warfare. This article seeks to address some of the questions that arise when applying IHL – a body of law that was drafted with traditional kinetic warfare in mind – to cyber technology. The first question is: when is cyber war really war in the sense of ‘armed conflict’? After discussing this question, the article goes on to look at some of the most important rules of IHL governing the conduct of hostilities and the interpretation in the cyber realm of those rules, namely the principles of distinction, proportionality, and precaution.

Concluding remarks
With respect to all of these rules, the cyber realm poses a number of questions that are still open. In particular, the interconnectedness of cyber space poses a challenge to the most fundamental premise of the rules on the conduct of hostilities, namely that civilian and military objects can and must be distinguished at all times. Thus, whether the traditional rules of IHL will provide sufficient protection to civilians from the effects of cyber warfare remains to be seen. Their interpretation will certainly need to take the specificities of cyber space into account. In the absence of better knowledge of the potential effects of cyber warfare, it cannot be excluded that more stringent rules might be necessary.

Reference details

DOI
10.1017/S1816383113000246
Resource type
Journal Article
Year of Publication
2012
ISSN Number
1816-3831
Publication Area
Civilian cybersecurity
Date Published
2012-06

How to cite this reference:

Droege, C. (2012). Get off my cloud: cyber warfare, international humanitarian law, and the protection of civilians. Cambridge University Press (CUP). https://doi.org/10.1017/S1816383113000246 (Original work published)