The Applicability of the jus in bello to Cyber Operations

Abstract

The purpose of this Chapter is to establish when the law of armed conflict applies to cyber operations. As conventional jus in bello does not provide a general definition of ‘armed conflict’ but merely distinguishes between different types of armed conflicts to which different sets of rules apply, these types of conflict are addressed in turn. First, the Chapter focuses on international armed conflicts and distinguishes between several scenarios that might lead to the application of the jus in bello to cyber operations. In particular, both cyber operations in the context of an existing traditional armed conflict and standalone cyber operations are discussed in order to establish whether international humanitarian law applies to them. The Chapter also deals with cyber operations in the context of belligerent occupation. Cyber operations in and as non-international armed conflicts are then examined, before turning to cyber operations as internal disturbances and tensions.