Application of the Principles of International Humanitarian Law (Principles of Distinction, Proportionality, and Precaution) to Armed Conflicts in Cyberspace

Information technology development in the modern world affects all spheres of human activity on a global scale, including the sphere of military activities of States. The current level of military information technologies development allows us to talk about a possible new theater of military operations, namely, cyberspace. In this regard, it is necessary to analyze the problem of applying the principles of international humanitarian law (IHL), in particular the principles of distinction, proportionality, and precaution, to armed conflicts in cyberspace, which is the subject of this article. However, the application of the basic principles of this branch of international law in cyberspace raises a number of problematic issues that require in-depth research, specifically the application of principles of IHL to cyberspace. The research of such issues is the purpose of this article.

Based on the results of this research, the author came to the following conclusions: 1) the application of the principle of distinction in cyberspace is unlikely to ensure the protection of dual-use objects. More important for the protection of such objects in cyberspace is the principle of proportionality; 2) whether IT companies that supply technical equipment and software for military needs qualify as a military facility depends on how much such a company is involved in procurement activities; 3) objects in cyberspace that support the military potential of a state are not military objects; 4) social networks are not military targets; 5) in the context of an armed conflict in cyberspace, the parties to such conflicts have a duty to carefully check the cyber means used in a cyber-attack for compliance with the prohibition of attacks of an indiscriminate nature; 6) the issue of taking precautionary measures against cyber-attacks and their consequences is at the stage of developing state practices. However, it should be assumed that this fact does not negate the obligation of States to take such measures in the event of cyber-attacks—this obligation lies with the States due to the application of the principles of IHL to cyberspace.