Classification of Cyber Capabilities and Operations as Weapons, Means, or Methods of Warfare

Abstract

This article examples whether cyber capabilities are cyber weapons or cyber methods or means of warfare under international humanitarian law. Such a determination is a condition precedent to application of the weapons review and precautions in attack requirements, as well as the prohibition on transporting weapons across neutral territory. The authors conclude that cyber capabilities are not weapons or means of warfare, but can be a method of warfare.

Keywords: cyber, weapons review, precautions in attack, neutrality cyber capabilities, cyber weapons