Targeting in the Cyber Domain: Legal Challenges Arising from the Application of the Principle of Distinction to Cyber Attacks

Traditional laws struggle as cyber attacks blur lines between combatants and civilians

This document is an academic article that examines the legal challenges of applying international humanitarian law to cyber warfare. It specifically focuses on the principle of distinction, which dictates that combatants and civilian populations must be differentiated during armed conflict.

The author explores how this principle applies to cyber operations, including the definition of a “military objective” and the classification of individuals as combatants or civilians. The article also analyzes the implications of using cyber weapons in the context of the law of targeting, such as the targeting of dual-use cyber infrastructure and the legal status of digital data.

Ultimately, the article argues that existing international law needs to be adapted to address the unique challenges posed by cyber warfare and that state practice and international jurisprudence will be crucial for clarifying these legal issues.

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