Borderless Networks and Disappearing Frontlines: Human Rights and Cyber Warfare

Abstract

With the development of technology, borders can be said to be disappearing as cyber warfare is now replacing traditional methods of warfare. Following the widespread WannaCry attack launched in 2017, cyber warfare features prominently on the agenda of policy makers and military leaders around the world, as it is increasingly being used by states. Although the perpetrators of the attack have been charged in the US, the wider impact on the human rights of civilian populations has gone unaddressed. Keeping this in mind, this article will focus on the implications to international humanitarian law and identify the gaps that need to be filled to achieve its goal: uphold human dignity and prevent unnecessary human suffering. First, this article will contextualise the application of IHL to cyber warfare. Then, the author will analyse how to determine whether the cyber operations have been carried out in the context of and in nexus with armed conflicts. Once determined, the article identifies the principle of distinction and neutrality as being of major significance and evaluates their applicability in light of the WannaCry attack. In conclusion, the article recommends amendments to the interpretation of IHL to accommodate the changing nature of warfare.

Keywords: Cyber Warfare, International Humanitarian Law