the laws of war must apply in cyberspace
There are rules in war. International humanitarian law regulates what combatants can and can’t do, with the goal of protecting civilians and limiting suffering.
Most of these laws were developed during the 19th and 20th centuries. But in our own century a new kind of battlefield has emerged: the domain of cyberattacks, digital campaigns and online information operations. All these have played a heightened role in Russia’s war in Ukraine and, increasingly, in the current Israel–Hamas conflict.
There is a persistent myth that cyberspace is a lawless wild west. This could not be further from the truth. There is a clear international consensus that existing laws of war apply online.
In the past month, we have seen three significant developments in this area. Rules for “civilian hackers” have begun to gain traction. A new international humanitarian report has recommended ways forward for governments, tech companies and others. And the International Criminal Court has for the first time signalled that it considers cyber warfare to fall within its jurisdiction.
Rules for hacktivists
On October 4 2023, two advisers to the International Committee of the Red Cross proposed a set of rules for “civilian hackers” during war. The proposals include things like “do not conduct any cyber operation against medical and humanitarian facilities” and “when planning a cyber attack against a military objective, do everything feasible to avoid or minimize the effects your operation may have on civilians”.
The authors were motivated by evidence of online attacks disrupting banks, companies, pharmacies, hospitals, railway networks and civilian government services.
Cyber, digital and information operations – used alongside “real-world” military operations – have risen into the mainstream during Russia’s war in Ukraine. Many operations are carried out by civilian groups not formally connected to the military.
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