Problems of applicability of IHL principles to cyber warfare in international armed conflicts

Wars have been fought on land, sea, air, and now in cyberspace. Recently, many States and non-State actors have started engaging in more advanced techniques of launching attacks while relying on digital infrastructure. Cyber warfare is a relatively new domain in which attacks are being launched and there is a need to explore how this area is governed by international law. Currently, there is no treaty that deals specifically with the development and use of cyber warfare, however, the Tallinn Manual, which is a non-binding document, explores the applicability of international humanitarian law (“IHL”) to cyber operations and how they are to be applied. However, there remain several issues within the legal framework suggested which require further clarification, this may even take the form of future state practice in this field. This paper will consider the application of IHL during cyber operations, and the challenges associated with it. It will analyze how IHL regulates cyber operations during an armed conflict and will assess the gaps in the current legal regime. The article will also seek to provide recommendations on how to regulate cyber operations during armed conflicts.