Abstract
This chapter re-examines the doctrinal formulation of the proportionality principle in the context of its emerging applications in cyber attacks. It describes the conceptual roots of the proportionality principle, particularly insofar as the jus ad bellum and jus in bello usages provide a useful contradistinction in the context of cyber operations. The chapter summarizes the normative contours of the modern lex lata related to proportionality, which is the necessary predicate for the application of its modern formulations to cyber attacks. Proportionality, like many other strands found in modern international humanitarian law (IHL), represents the precise fissure between the unyielding aspiration to protect civilians during conflicts and the stark realization that legal tenets never provide an impenetrable guarantee of protections. Proportionality therefore represents the logical end-state of two dominant historical developments. Keywords:cyber attacks; cyber operations; international humanitarian law (IHL); jus ad bellum ; jus in bello ; proportionality
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