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This article is written by Arpita Rout of 3rd Year of the Ajeenky DY Patil university, Pune, an intern under Legal Vidhiya

ABSTRACT

This article examines the Cyber warfare: International legal frameworks, today’s time is a technological time, without technology we can’t imagine our society, for the advancement of our society there is a very crucial role of internet but and but there are many benefits of internet and there is also many disadvantages of the internet present. The deviant mindset people use the technology and the internet for many cyber-crimes. In one side technology and internet helps people fore daily work, and also this internet and technology can harm them. The internet’s impact on humanity has been nothing short of revolutionary. In just 15 years, the number of people using the internet skyrocketed from 16 million in 1995 to over 1.7 billion by 2010. Today, the world is more interconnected than ever, with governments, businesses, academia, and individuals relying on each other in ways previously unimaginable. This increased reliance on technology has also changed the face of warfare. The internet has opened up a new “fifth domain” of conflict, in addition to land, sea, air, and space. This raises important questions about how international law applies to cyberspace. While it’s clear that existing international law applies to state activities online, just like offline, there are challenges in applying old laws to new technology. The internet is a unique beast, and we need to consider its characteristics when applying pre-existing legal rules.

KEYWORDS

Cyber Warfare, international law, Humanitarian law (IHL), Tallinn Manual, Human Right, International Telecommunication Union (ITU), International Covenant on Civil and Political Rights (ICCPR).  

INTRODUCTION

In this 21st century internet is fore now is equal like oxygen for every people with oxygen no one can survive like this without internet people can’t survive now day’s. The digital age has transformed the way nation’s function, communicate, and interact with one another. While this technological progress has brought countless benefits, it has also given rise to serious new threats—chief among them is cyber warfare. Unlike traditional forms of conflict, cyber warfare takes place in the virtual world, where it targets critical systems like government networks, power grids, banks, and communication infrastructure. These attacks are often silent, swift, and cross borders with ease, making them incredibly hard to trace or defend against. As countries become more dependent on digital technologies, the risks associated with cyber warfare grow, posing a serious challenge to global security and stability. Wars have been fought on land, sea, and air, and now we’re seeing them unfold in cyberspace[1]. Recently, both states and non-state actors have begun using advanced techniques to launch attacks via digital infrastructure. Cyber warfare is a relatively new battlefield, and there’s an urgent need to understand how international law governs this area. Currently, there isn’t a specific treaty addressing the development and use of cyber warfare. However, the Tallinn Manual, which isn’t legally binding, looks at how international humanitarian law (IHL) applies to cyber operations. It attempts to clarify the legal framework, but there are still several unresolved issues that need more attention. Cyber warfare has advanced so rapidly that legal frameworks have struggled to keep up. Traditional international laws, like the United Nations Charter and the Geneva Conventions, were designed with physical conflicts in mind, leaving many questions unanswered when it comes to regulating cyber operations. Issues like sovereignty, proportionality, the use of force, and the distinction between civilian and military targets in cyberspace remain deeply contested. To make matters worse, nations can’t even agree on basic definitions—such as what qualifies as a “cyberattack” or an “armed conflict” in the digital realm—making it even harder to establish common ground. The situation becomes more complicated with the involvement of non-state actors, like hacker groups and private organizations, which don’t fit neatly into the legal frameworks designed for conflicts between states. On top of that, many cyber tools and technologies have dual uses—they can serve both civilian and military purposes—making it difficult to draw clear lines between legitimate use and malicious intent.

This article looks at the international legal frameworks currently in place to address cyber warfare and evaluates whether they’re equipped to deal with this growing threat. It takes a closer look at agreements like the Tallinn Manual and the Budapest Convention to assess their influence on how states behave in cyberspace. At the same time, it highlights the gaps in these frameworks and emphasizes the urgent need for global cooperation to create clear, enforceable regulations. With cyberspace increasingly becoming a battlefield, robust international legal standards are essential to maintaining accountability, preventing escalation, and promoting peace in the digital age.  

THE ROLE OF INTERNATIONAL LAW IN CYBERWARFARE

International law is essential in dealing with cyberattacks and protecting national security in today’s highly connected world. As cyber threats grow more advanced, nations face the challenge of applying existing legal rules to these modern forms of conflict. This discussion looks at how international law addresses cyberattacks, focusing on principles like state sovereignty, non-intervention, and the ban on using force.

 It also explores how traditional legal ideas are being reshaped to fit the digital era, including efforts to create specific rules and agreements for cyberspace.[2] International law governs state actions regardless of where they take place, including cyberspace. Core principles such as state sovereignty, the prohibition of the use of force, and non-intervention form the backbone of this framework. However, applying these principles to cyber warfare is challenging due to the unique nature of cyber operations—they are fast, often anonymous, and can have a global reach.

One of the biggest hurdles is attribution—figuring out who is responsible for a cyberattack. This makes it difficult to hold states accountable. While international laws like the UN Charter and customary international law provide some guidance, their application in the context of cyber warfare remains a work in progress. The Tallinn Manual has tried to address this by explaining how international humanitarian law can be applied to cyber operations, focusing on issues like proportionality, necessity, and distinguishing between civilian and military targets. Even with these efforts, technology evolves much faster than legal norms, leaving significant gaps in regulation. To address these gaps, international cooperation is essential.

Countries are working toward agreements and norms that promote responsible behaviour in cyberspace, such as avoiding attacks on critical infrastructure or refraining from cyber espionage. international law plays a crucial role in managing the challenges of cyber warfare. While its core principles provide a starting point, continuous efforts are needed to adapt and expand these rules to meet the demands of the digital age and ensure cyberspace remains secure and stable.

PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW (IHL) IN CYBERWARFARE

Cyber operations are now a regular feature of modern armed conflicts and are expected to become even more prominent in the future. Recognizing this reality, the International Committee of the Red Cross (ICRC) has consistently emphasized that international humanitarian law (IHL) applies to cyber operations conducted during armed conflicts and sets clear limits on their use. International humanitarian law governs how information and communications technologies should be used during armed conflicts.[3] International humanitarian law (IHL) is designed to limit the impact of armed conflict and protect civilians, and these rules also apply to cyber warfare. Although the digital nature of cyber operations brings its own set of challenges, the core principles of IHL remain applicable:

1. Distinction: In cyber warfare, it’s crucial to distinguish between military targets and civilian infrastructure. Cyberattacks should only focus on systems that offer a direct military advantage, like enemy command centres, and avoid impacting civilian facilities such as hospitals, schools, or power grids.

2. Proportionality: Even when targeting military objectives, the harm caused by a cyberattack shouldn’t be disproportionate to the expected military gain. Cyber operations must aim to limit unintended damage to civilian systems and people.

3. Necessity: Cyberattacks must serve a clear military purpose. The goal should be to weaken the enemy’s military capacity without causing unnecessary or excessive disruption to civilian life.

4. Precautions: Those planning cyberattacks should take every reasonable step to minimize harm to civilians and civilian infrastructure. This includes considering potential knock-on effects, like widespread disruptions in interconnected systems.

5. Prohibition of Indiscriminate Attacks: Cyberattacks that cannot be directed at specific military targets or that cause uncontrollable effects are banned by IHL. For example, malware that spreads widely and impacts civilian networks is unacceptable.

The unique characteristics of cyberspace—its interconnectedness, speed, and anonymity—make it difficult to fully apply these principles. Still, they offer a vital framework for ensuring that cyber operations during conflict stay within the boundaries of international law. Following these principles is essential to reducing the human cost of cyber warfare and preserving humanity even in the midst of conflict.

THE TALLINN MANUAL AND CYBERWARFARE

The law of war is a part of public international law that regulates armed conflicts. It includes rules for determining when the use of force is justified (jus ad bellum) and governs the conduct of warfare itself (jus in bello), which is also known as international humanitarian law (IHL). There’s ongoing debate among scholars about whether the current international law, including the principles governing warfare, is adequate to deal with cyberattacks. Some argue that a new legal framework is needed to address conflicts in cyberspace[4]. While there have been various proposals for creating a cyberspace treaty, none have materialized, and it’s unlikely that a new treaty will be established anytime soon. The Tallinn Manual on the International Law Applicable to Cyber Warfare offers an in-depth look at how existing international law applies to cyber operations, particularly in the context of armed conflict. Created by a group of legal and cyber experts, the manual covers key issues such as sovereignty, the use of force, and the laws of war in the digital realm. While it’s not legally binding, the manual serves as an important reference for states and legal professionals on how international laws, including international humanitarian law (IHL), can be applied to cyber warfare. The manual provides detailed explanations of traditional principles like distinction, proportionality, and necessity, showing how they can be applied to cyberattacks. It also addresses the difficulties of attribution and accountability in cyberspace, where cyber operations are often anonymous, making it hard to identify the responsible parties. While the Tallinn Manual has been a key influence in shaping the conversation about cyber warfare and international law, it’s important to understand that it reflects the views of the authors rather than representing the official position of all states or international bodies.

SOVEREIGNTY AND STATE RESPONSIBILITY IN CYBER-WARFARE

Cyberspace, unlike other more fixed domains, is constantly evolving because it was created by humans and continues to grow. This makes it challenging to define what “sovereignty” means in this space. From the beginning, many different players—governments, businesses, and civil society—have been involved in its creation. Unlike other technologies where policy often guides development, in cyberspace, technology itself shapes policy decisions[5]. These factors make governing cyberspace complicated and often lead to conflicts between states and other stakeholders. As a result, we are seeing the emergence of virtual borders within cyberspace. The concept of cyber sovereignty, and how it’s viewed by major global powers, deserves closer examination. Sovereignty in the context of cyber warfare refers to a state’s authority over its digital space and the systems within its borders, including the right to protect itself from cyberattacks. However, the fluid and borderless nature of cyberspace challenges traditional concepts of sovereignty. In the digital world, attacks can come from anywhere, making it difficult for states to maintain control while also respecting the sovereignty of others.

When it comes to state responsibility, if a cyberattack originates in one country and harms another, the state from which the attack came is expected to address the breach of international law. The same principles that govern warfare—such as non-intervention and the prohibition of force—apply to cyber operations. But the challenges of attribution, where it’s often hard to identify the responsible parties due to the anonymity of cyberattacks, make it tricky to assign blame. As cyber warfare continues to evolve, there’s ongoing debate about how to accurately assign responsibility for cyberattacks and how to hold states accountable. The development of global norms, agreements, and regulations is still in progress, with the goal of ensuring states take responsibility for cyber activities that originate within their borders or involve their citizens.

CYBER WARFARE AND HUMAN RIGHTS

A good example of the complexity of defining cyber-related terms is “cybersecurity” itself. The European Union defines it as “safeguards and actions that can be used to protect the cyber domain, both in civilian and military contexts, from threats that could harm its interconnected networks and information infrastructure.” Similarly, the International Telecommunication Union (ITU) defines cybersecurity as “a collection of tools, policies, security concepts, safeguards, guidelines, risk management strategies, actions, training, best practices, assurance, and technologies designed to protect the cyber environment, as well as the assets of organizations and users.[6]” Another example comes from the Freedom Online Coalition’s Cybersecurity Working Group, which defines cybersecurity as “the preservation—through policy, technology, and education—of the availability, confidentiality, and integrity of information and its underlying infrastructure, in order to protect the security of individuals both online and offline.” This shows the various approaches to defining cybersecurity, all focusing on safeguarding digital spaces and infrastructure.

  • The Right to Privacy and Surveillance

Cyber warfare raises serious concerns about privacy. Attacks targeting individuals or organizations often involve data breaches, surveillance, and hacking into private communications. While governments may justify surveillance for national security reasons, it creates a delicate balance between security and privacy. The United Nations’ International Covenant on Civil and Political Rights (ICCPR) protects the right to privacy, but the growing scope of cyber activities challenges its application in the digital world.

  • Freedom of Expression

Cyber warfare also impacts freedom of expression. Attacks on media outlets, journalists, and online platforms can restrict free speech. State-sponsored cyber operations aimed at controlling information or silencing dissent violate the ICCPR’s Article 19, which safeguards free expression. Disinformation campaigns and censorship during cyber conflicts further undermine democracy and the free exchange of ideas.

  • Access to Information and Education

Cyberattacks targeting essential infrastructure like education and healthcare can limit access to crucial resources. The disruption of online learning or the destruction of data violates the right to education, which is protected under international law. Such attacks not only affect access to information but also hinder long-term human development, especially in countries with limited resources for education.

  • International Legal Frameworks and Accountability

To address human rights violations in cyber warfare, international legal frameworks need to incorporate protections for these rights in cyberspace. Current laws, such as the United Nations Charter and the Geneva Conventions, don’t explicitly cover cyber operations, leaving room for ambiguity. The Tallinn Manual provides guidelines, but they are advisory rather than binding. Developing clear, enforceable frameworks is vital to ensuring accountability and protecting human rights during cyber conflicts.

CHALLENGES IN ENFORCEMENT OF INTERNATIONAL LAW IN CYBERWARFARE

Enforcing international law in cyber warfare is a complex and challenging task, with several key issues standing in the way:

1. Attribution Problems: One of the biggest obstacles is identifying who is behind a cyberattack. Unlike traditional warfare, where it’s usually clear who the aggressor is, cyberattacks can be easily disguised. Attackers can use methods like spoofing or route their attacks through third-party countries to hide their identity, making it difficult for states to pinpoint the responsible party and take legal action.

2. Lack of Clear Legal Frameworks: While international law principles, such as the prohibition of the use of force, are relevant to cyberspace, there’s no universally agreed-upon legal framework specifically for cyber warfare. Efforts like the Tallinn Manual have made progress, but there’s still a lot of debate about how international law should adapt to address cyber threats.

3. Sovereignty and Jurisdiction Issues: Cyberattacks often cross borders, which creates problems with sovereignty. States may hesitate to act against attackers from other countries, especially if the attack hasn’t directly impacted them. This challenges the traditional understanding of territorial borders and jurisdiction.

4. State Responsibility and Accountability: Even if it’s clear who carried out a cyberattack, holding states accountable is tough. Governments may be reluctant to take responsibility for cyber operations originating from within their borders, especially if non-state actors are involved, or if the government itself wasn’t directly responsible. This lack of accountability further complicates enforcement.

5. Rapid Technological Changes: The fast pace of technological advancements often outstrips the development of legal frameworks. As new cybersecurity threats emerge, legal systems struggle to keep up, which leads to gaps in regulation and makes enforcement even harder.

CONCLUSION

the rapid growth of cyberspace has posed new challenges for international law, especially when it comes to cyber warfare. As cyber operations become a key part of modern conflicts, the need to apply existing legal principles, such as state sovereignty, non-intervention, and the prohibition of the use of force, to this new domain has become more urgent. While these principles provide a solid foundation for regulating state behaviour in cyberspace, they face significant hurdles due to the unique nature of the cyber world, including its speed, anonymity, and global reach.

One of the biggest challenges is attribution—the difficulty of identifying who is behind a cyberattack. This anonymity makes it hard to enforce international law and hold states accountable for cyber operations. Additionally, the absence of a universally accepted legal framework for cyber warfare leaves room for interpretation, creating uncertainty about how existing laws should apply. While initiatives like the Tallinn Manual have provided useful guidance, the legal response to cyber threats remains a matter of debate. Sovereignty and jurisdiction are also complicated issues in the context of cyber warfare. Since the internet is borderless, cyberattacks can come from anywhere, making it hard for states to protect their interests. This raises important questions about how to balance state responsibility with the need for effective self-defences in an increasingly interconnected world. Moreover, the rapid pace of technological development often outstrips the creation of new legal frameworks. As new cyber threats continue to emerge, international law must evolve to keep up. Cooperation between states will be key in establishing effective legal norms and agreements to ensure the security and stability of cyberspace. It will be essential for states to work together to set clear legal boundaries and responsibilities, ensuring that cyber operations are conducted with respect for the sovereignty of all nations. In short, while international law provides a solid starting point for regulating cyber warfare, ongoing efforts are needed to refine and adapt these laws for the digital age. By collaborating and remaining flexible, the international community can ensure that cyber warfare is properly managed and that the security of nations in cyberspace is protected.

REFERENCES

  1. [Amna Adnan Khawaja], [Cyber Warfare and International Humanitarian Law], [Dlp Forum] [(January,20,2025, 8:00 PM)], [ https://www.dlpforum.org/2022/08/17/cyber-warfare-and-international-humanitarian-law/]
  2. [Fatima malik, Yoshua Bengio], [The Role of International Law in Governing Cyber Attacks and National Security], [ResearchGate], [(January,20,2025, 8:15 PM)], [https://www.researchgate.net/publication/382083919_The_Role_of_International_Law_in_Governing_Cyber_Attacks_and_National_Security]
  3. [Kubo Mačák , Tilman Rodenhäuser], [Humanitarian Law & Policy Blog Towards common understandings: the application of established IHL principles to cyber operations], [ICRC], [(January,20,2025, 8:30 PM)], [ https://blogs.icrc.org/law-and-policy/2023/03/07/towards-common-understandings-the-application-of-established-ihl-principles-to-cyber-operations/]
  4. [Georgetown law], [International and Foreign Cyberspace Law Research Guide], [https://guides.ll.georgetown.edu/cyberspace/cyber-conflicts], [(January,20,2025, 8:40 PM)]
  5. [Madhuvanthi Palaniappan], [Cyber Sovereignty: In Search of Definitions, Exploring Implications], [ORF], [(January,20,2025, 8:50 PM)], [https://www.orfonline.org/research/cyber-sovereignty-in-search-of-definitions-exploring-implications -:~:text=The%20International%20Court%20of%20Justice,states%20and%20non-state%20actors]
  6. [Julian Nida-Rümelin and Dorothea Winter], [Introduction to Digital Humanism], [pp 571-592] [(Springer nature, 2023)] [https://link.springer.com/chapter/10.1007/978-3-031-45304-5_36]

[1] DLP forum, Cyber Warfare and International Humanitarian Law, https://www.dlpforum.org/2022/08/17/cyber-warfare-and-international-humanitarian-law/, (January 20, 2025)

[2] ResearchGate, The Role of International Law in Governing Cyber Attacks and National Security, https://www.researchgate.net/publication/382083919_The_Role_of_International_Law_in_Governing_Cyber_Attacks_and_National_Security?__cf_chl_tk=TT49Xe6d9QvdaTWf68VcenZXmvOVY.B5ZU7OWWKaO98-1737396132-1.0.1.1-d_nOQTQoSSISmzjtoQ0lYRN867SsvOZaSd.3bpc612c, (January,20,2025)

[3] ICRC, Humanitarian Law & Policy Blog Towards common understandings: the application of established IHL principles to cyber operations, https://blogs.icrc.org/law-and-policy/2023/03/07/towards-common-understandings-the-application-of-established-ihl-principles-to-cyber-operations/, (January,20,2025)

[4] Georgetown law, The Tallinnn Manual & Primary Law Applicable to Cyber Conflicts, https://guides.ll.georgetown.edu/cyberspace/cyber-conflicts (January,20,2025)

[5] ORF, Cyber Sovereignty: In Search of Definitions, Exploring Implications, https://www.orfonline.org/research/cyber-sovereignty-in-search-of-definitions-exploring-implications – :~:text=The%20International%20Court%20of%20Justice,states%20and%20non-state%20actors, (January,20,2025)

[6] Global partners digital, cybersecurity and human rights, https://www.gp-digital.org/wp-content/uploads/2015/06/GCCS2015-Webinar-Series-Introductory-Text.pdf, (January,20,2025)

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