The challenges of cyber-warfare in the application of international humanitarian law (IHL): A critical examination of IHL rules in addressing those challenges
Addisu Genet
The centuries old, conventional jargons and doctrines in the domain of warfare are replaced with a new concept and techniques. The rapid advancement of means and methods of warfare in the area of non-kinetic warfare such as cyber-warfare, coupled with IHL rules are designed to apply to means and methods of warfare basically; involving the use of kinetic force in the physical world, makes an awkward fit for the hostilities that consists of the manipulation of data in cyberspace, despite enormous civilians suffering. Two arguments revolve concerning the challenges currently facing to regulate cyber warfare. While some argues the existing law is not adequate to govern the employment of cyber warfare. The other side maintains that the violation is being committing against the existing laws and calls for strengthening the compliance mechanism. This article has the aim of assessing the adequacy of the existing laws and customs of war in regulating cyber-warfare. This article reveals the challenge arising through cyber warfare in the contemporary armed conflict through legal and extra-legal factors. Finally it emphasis’s for the sincere exploitation of the existing legal framework until cyber specific treaty is reached.
Addisu Genet. The challenges of cyber-warfare in the application of international humanitarian law (IHL): A critical examination of IHL rules in addressing those challenges. International Journal of Law, Volume 4, Issue 6, 2018, Pages 83-88