The key threshold of attack, the definition of military objective and the targeting of dual-use cyber infrastructures and digital data are some key issues that need to be further developed in the context of cyber operations. Finally, with regard to targetable individuals, the status of cyber combatants, cyber levée en masse and the notion of direct participation in cyber ostilities, are underdeveloped legal concepts and need particular interpretation in the context of cyber operations. The complete lack of international jurisprudence and the embryonic state practice on the emerging field of cyber warfare call for the principle of distinction and the relevant provisions of lex lata to be assessed on a humanitarian basis and re-conceptualized in light of the warfare reality