ISSN : 2663-2187

Cyber Warfare and the Principle of Distinction under International Humanitarian Law: Some Critical Reflections

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Dr. Satish Hanmantrao Mane, Prof. Dr. Pooja Prashant Narwadkar, Sanjay Jayram Aher, Aditya Kedari, Aishwarya Yadav and Dr. Sapna Sukrut Deo
ยป doi: 10.33472/AFJBS.6.1.2024.5534-5541

Abstract

Cyber warfare has emerged as a prominent phenomenon in contemporary society. By numerous scholars, it is commonly referred to as the fifth domain of combat, following land, water, air, and space. The cyberspace is predominantly artificial and offers numerous distinct options for adversarial entities to get desired outcomes, even in the absence of physical force. It is a realm where anonymity is prevalent, making it challenging to establish a causal relationship between any effect, especially when compared to other natural mediums. One of the fundamental concepts of International Humanitarian Law is the principle of distinction, which is significantly undermined by this medium. The present paper examines the utilization of the principles of distinction in relation to the delineation of combatants and military objectives within the framework of cyber warfare. The analysis suggests that numerous scenarios in the context of cyber warfare have the potential to undermine the meticulous implementation of the concept of differentiation. There is a necessity to cultivate legal reasoning regarding these ambiguous areas, and one facet of such reasoning may involve recognizing cyber warfare as a distinct weapon rather than a means and tactics of warfare. This could potentially introduce novel methods to govern cyber warfare.

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