The Legal Measures for Applying International Humanitarian Law Rules in Cyber Attacks

Although cyber attacks have emerged in less than two decades, they are now employed as instruments of warfare and as a distinct arena of conflict. This evolution raises significant challenges for international humanitarian law (IHL), including potential legal gaps. Accordingly, the central aim of this study is to assess whether IHL rules can be applied to cyber attacks. Using an analytical–descriptive methodology, the study finds that IHL is indeed applicable to cyber operations. This conclusion is supported by three main considerations: first, the Tallinn guidance— grounded in the four Geneva Conventions and their Additional Protocols—analyzes the effects of cyber attacks within an IHL framework; second, the damage thresholds associated with cyber attacks can be comparable to, or exceed, those of traditional armed attacks, particularly given the risk of irreversible consequences; and third, core IHL principles are adaptable to cyber contexts. Also, the study indicates that Afghanistan’s cyber infrastructure is fragile, which would likely heighten its vulnerability during armed conflict with any other state and may result in substantial harm.