Abstract
The military capabilities that the world witnesses in modern day armed conflicts are a sort of science fiction brought to life. Most of the techniques in cyber warfare were never thought possible, let alone anticipated in times past especially during the framing of key International Humanitarian Law (IHL) instruments. This paper analyses the challenges that cyber warfare poses to state responsibility. The analysis also discusses how the anonymity of parties in cyber warfare presents challenges to the application of existing law. The rationale for this study is the fact that cyberspace as a domain of warfare is still in its early days despite the many ambiguities and puzzles it has sparked in various circles of discussion. The study relies on literature reviews and case studies to make its salient points. Ultimately, the study argues that cyber warfare is subject to IHL; however, it breeds new possibilities that may require greater adherence to consistent legal review of weapons and greater willingness of the international community to apply IHL to this domain of warfare.
Highlights
Doctor Frankenstein’s monster slowly rose from the table with life.[1]
This paper demonstrates that the greatest challenge is the lack of certainty in identifying perpetrators owing to the anonymity that actors enjoy
Part V calls for the obligation to conduct regular weapons reviews while urging responsible parties to fulfil their obligations under Article 36 of Additional Protocol I (AP I)
Summary
Doctor Frankenstein’s monster slowly rose from the table with life.[1]. The young doctor had achieved what no man had ever done – to create life itself and. With this question in mind, Smith recently proposed that the time had come for the world to adopt a ‘digital Geneva Convention’.3 He argued that cyberspace is a unique realm not properly addressed by existing international law.[4] He acknowledged the rising number of cyber-attacks on hospitals, power grids and other infrastructure essential to human survival.[5] To his credit, the Geneva Conventions do not address cyber warfare directly. This paper demonstrates that the greatest challenge is the lack of certainty in identifying perpetrators owing to the anonymity that actors enjoy Such a discussion is significant given the prevalent attacks on daily life by a method never thought possible – computer code. Part V calls for the obligation to conduct regular weapons reviews while urging responsible parties to fulfil their obligations under Article 36 of Additional Protocol I (AP I)
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