The Legal Nature of Cyber Attacks in Light of International Humanitarian Law

Abstract

The research findings clearly demonstrate that, despite the comprehensive and universal nature of international humanitarian law (IHL) principles, significant challenges arise in their application to cyberattacks. The virtual nature of cyberattacks and their connection to civilian infrastructure make it difficult to effectively and precisely apply principles such as distinction and proportionality, creating real regulatory gaps within the current legal framework. Furthermore, the "Tallinn Manual" represents an important step toward regulating cyberattacks within the framework of international law, but it does not cover all critical aspects. It is non-binding and faces international objections. Based on these gaps, there is an urgent need to establish a dedicated international legal framework to regulate cyber warfare and its growing impact in an increasingly technology-dependent world. This research aims to examine the legal nature of cyberattacks within the framework of international humanitarian law, determine the legal characterization of such attacks, and highlight the necessity of a specific legal regulation. The research adopts an analytical methodology to analyze jurisprudential opinions and international legal texts related to the research topic to achieve its objectives.