Part IV examines the relationship between traditional jus in bello principles and cyber-attacks employed in the context of armed conflicts. In examining the existing laws, Part III discusses cyber-attacks in the context of jus ad bellum on when a state may legitimately use force as an instrument of dispute resolution. Part II discusses the meaning of cyber-attack, cyber espionage and cyber exploitation as well as the capabilities of cyber-attack. The aim of this article is to examine how the existing laws of armed conflict might be applied to cyber-attacks. Although opinion is divided as to how to apply IHL to cyber-attacks, recent events confirm that cyber warfare is operational ( Gervais, 2012). Since modern technology has brought warfare into cyberspace, there is need to adapt international instruments such as the IHL to meet new challenges facing the world. The International humanitarian law (IHL) has historically interpreted “armed conflict” in the context of conventional military weapons in order to respond proportionately and as necessary to stop the threat. The legality of cyber warfare remains unsettled. Being removed from the horrors of war, cyber-attackers risk becoming emotionally detached from the effects of their attacks, increasing the possibility of unnecessary harm, suffering and collateral damage. Cyber-attackers are far from the battlefield. Cyberwarfare allows combatants to fight from extreme distances which raise a number of ethical and moral considerations similar to the concerns raised in relation to those operating drones ( Alston, 2010). Because of this, states and non-state actors turn to cyberspace to conduct warfare with greater frequency. This provides opportunities for adversaries to strike inexpensively, remotely, and effectively with little risk ( Gervais, 2012). Most nations, particularly, developed nations are increasingly dependent on information and information technology for both civilian and military purposes.
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