Legal Challenges in Hybrid Warfare Theory and Practice: Is There a Place for Legal Norms at All?

Abstract

The chapter introduces the theory and practical consequences of asymmetric and hybrid warfare, as observed in the crisis in Ukraine. It summarizes the legal problems arising from such methods of conducting an armed conflict and asks the question about whether this new type of warfare is compatible with the existing legal system concerning armed conflict, especially regarding the distinction between times of peace and times of conflict, as well as the distinction between combatants/military objectives and protected persons/installations. The conclusion is that if, as predicted by many, hybrid warfare becomes the ‘new normal’, then the current legal regime will have to change to remain meaningful.