مجلة القانون، المجتمع والسلطة
Volume 15, Numéro 1, Pages 162-177
2026-03-01
Authors : Jayasekera Kalyani .
Modern warfare has undergone a fundamental transformation as cyber technologies reshape military strategy and combat operations. Cyber warfare now stands as a critical instrument in contemporary conflicts, yet this development creates unprecedented challenges for International Humanitarian Law (IHL) a body of law originally designed to regulate traditional battlefield engagements. This paper explores how IHL applies to cyber warfare, examining the complexities of implementing core humanitarian principles distinction, proportionality, and precautionary measures within digital environments. Drawing upon diverse legal sources including the Geneva Conventions, their Additional Protocols, the Tallinn Manual, alongside state practice and academic scholarship, this study illuminates the intricate legal and ethical dilemmas inherent in cyber operations. The analysis emphasizes critical issues including the attribution problem, safeguarding civilian populations, and reconceptualizing what constitutes "armed conflict" when hostilities occur in virtual spaces. The paper contends that IHL maintains its fundamental relevance but demands thoughtful reinterpretation and evolution to accommodate the distinctive features of cyber operations. Moreover, the research emphasizes the pressing necessity for global cooperation, multilateral dialogue, and concrete state action to establish clear, harmonized legal standards governing IHL's application in cyberspace. The overarching goal remains ensuring that humanitarian principles at IHL's core continue protecting civilians and minimizing suffering, even as conflict extends into digital domains.
Cyber Operations, Protection of Civilians, Digital Attribution, Contemporary Armed Conflict
بوسالم أحلام
.
عابد يوسف
.
ص 117-132.
Yahia Zeghoudi
.
pages 74-88.
Said Houari Amel
.
pages 257-268.
Messiheddine Tassadit
.
pages 632-649.