IRRC No. 910
Wired warfare 3.0: Protecting the civilian population during cyber operations
Reading time 56 min read
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Abstract
As a general matter, international humanitarian law is up to the task of providing the
legal framework for cyber operations during an armed conflict. However, two debates
persist in this regard, the resolution of which will determine the precise degree of
protection the civilian population will enjoy during cyber operations. The first
revolves around the meaning of the term “attack” in various conduct of hostilities
rules, while the second addresses the issue of whether data may be considered an
object such that operations destroying or altering it are subject to the prohibition
on attacking civilian objects and that their effects need be considered when
considering proportionality and the taking of precautions in attack. Even if these
debates were to be resolved, the civilian population would still face risks from the
unique capabilities of cyber operations. This article proposes two policies that
parties to a conflict should consider adopting in order to ameliorate such risks.
They are both based on the premise that military operations must reflect a balance
between military concerns and the interest of States in prevailing in the conflict.