Published by: Rishu Ranjan

College: Asian Law College, Noida-125.

Abstract

Cyber warfare has emerged as a formidable threat in the modern age, where
nations and organizations engage in covert operations to gain an advantage in the
digital realm. It has emerged as a significant threat in our increasingly
interconnected world. With the rapid advancements in technology, cybersecurity
has become a pressing concern for nations, organizations and individual alike. It
refers to use of digital technology to conduct offensive or defensive operations
against an adverary’s computer system and infrastructure. It involves launching
sophisticated cyber attacks that can disrupt critical infrastructure, compromise
sensitive information, or even cause physical harm.

Combatants in Cyber warfare

In domain of cyber warfare there are primarily two types of combatants:-state
sponsored entities and non state actors.
A state sponsored entities including intelligence agencies, military units and even
government backed hackers. These entities poses significant resources, technical
expertise and funding to execute cyber operation on a grand scale.
On the other hand, Non state actors, such as hacktivist groups or independent
hackers, operate outside the reality of conventional warfare. Despite limited
resources, the actors utilize their extensive knowledge in exploiting vulnerabilities
to cause disruption, steal sensitive information or advance their own agendas.
Principle of distinction

It serves as a fundamental ethical guideline in Cyber warfare. It emphasises the
distinction between military and civilian objects, ensuring that attacks are targeted
solely at military objectives and avoid causing harm to civilians.
Civilian objects
They are entities that are not of military nature, rather serving the day-to-day needs
of general public. For example hospitals, schools, etc.

These objects should be protected from cyber attacks to preserve the building and
safety of civilians. To breach the principle of distinction and intentionally target
civilian objects would likely cause widespread panic, economic turmoil. Cyber
combatants must exercise utmost caution and restrain to minimize collateral
damage.

Military objects
It encompasses structures, facilities and systems that are specifically dedicated to
conducting military operations. These can range from military headquarters and
communication networks to weapon system and defense infrastructure. When they
are legitimate targets in cyber warfare, combatants must exercise discretion to
ensure attacks are proportionate and do not result in unnecessary destruction or
loss. Aim is to cripple the military capabilities rather than causing indiscriminate
harm.

INTERNATIONAL LAW AND CYBER WARFARE
Principle of state sovereignty
It applies to cyber warfare is the principle of state sovereignty. A states have
exclusive control and jurisdiction over their territory and the activities within it
including cyberspace.

The UN Charter
It doesn’t specifically address cyber warfare, it offers a broader framework that can
be applied to cyberspace. Charter prohibits the use of force or threats of force
among the states, emphasizing the importance of peaceful resolution to conflicts.

Tallinn Manual
It was developed by group of international experts. It provides guidance as how
existing principles of international law. It explores legal validity of cyber attacks
and potential rights of a states to respond the attacks.
2015 UN group of governmental experts report
It addressed the issue of responsible state behaviour in cyberspace. It emphasized
the importance of adhering to international law, including the prohibition of cyber
attacks on critical infrastructure, the respect for human rights and duty to protect
civilian populations.

Challenges and future developments
While progress has been made in establishing legal regime for cyber warfare,
numerous challenges still exist. One of major challenges is the attribution of
cyberattacks as determining the true sources of an attack can be elusive. The rapid
evolution of technology requires constant adaptation and updates to existing legal
frameworks. The international community needs to continue working together to
strengthen the legal regime surrounding cyber warfare. International agreements,
such as the development of norms of a state behaviour in cyberspace, can
contribute to establishing a more comprehensive legal framework. Additionally,
increased cooperation between nations an organization is essential for effectively
combating cyber threats and ensuring a secure digital environment.
Conclusion
As world becomes more interconnected realm of cyber warfare increases in
significance. Current legal regime, incorporating principles of international law,
regional and national laws, provides a foundation for governing cyber warfare. By
a daring to ethical guidelines, combatants can mitigate unnecessary harm to
civilians and focus on conflicts within their digital landscape. Importance of
developing international norms and regulations to govern cyber warfare can’t be
overstated, as harmonious and secure cyberspace is vital for well being of nations
and individual alike.