This chapter discusses the legal issues raised by the use of cyber operations during armed conflict.
Although none of the laws governing the conduct of hostilities address cyber operations explicitly, the laws are framed in general terms that may be interpreted to incorporate technological advances. This chapter thus explores the way in which those laws may be adapted and applied.
The chapter first considers the general applicability of the jus in bello to cyber operations. It then turns to the crucial principle of distinction, and assesses how this is to be applied in the cyber context. In particular, this section of the chapter assesses what may be targeted i.e., what constitutes a ‘military objective’, the issue of ‘dual use’ objects in the cyber context and the prohibition on indiscriminate attacks. The chapter then considers the various ways in which the principle of precaution may be relevant to cyber-attacks. It also provides an examination of a number of jus in bello requirements for measures of special protection, and assesses how these rules are relevant to cyber warfare. The final section turns to IHL’s restrictions on the ‘means and methods’ of warfare, including – but not limited to – the law of weaponry.