Application and compatibility of international humanitarian law: the hard case of cyber warfare.

Abstract

Cyber technology gives rise to new means and methods of warfare; and has witnessed unbridled growth in recent years. It puts national and international security at risk and raises concerns for all stakeholders. However, ‘new’ technologies do not suggest that there are no restrictions on their use in an armed conflict, as these are covered within the ambit of Article 36 of Additional Protocol I, 1977. Nonetheless, cyber warfare poses certain challenges for compatibility of International Humanitarian Law. These challenges may be addressed either through classic treaty interpretation or by applying existing corpus of law to cyber warfare by analogy. Where the existing law of war remains insufficient, there is growing need to tackle these issues through universal consensus and State practice. This is the only logical way to uphold and protect the fundamental and intransgressible principles of humanity and dictates of public conscience.