Humanitarian Law: Between Cyber Warfare and Autonomous Weapons

Abstract

This study examines the applicability of international humanitarian law (IHL) rules to contemporary forms of armed conflict, particularly cyber warfare and autonomous weapon systems, in light of the rapid technological developments that have fundamentally transformed the means and methods of warfare. States have increasingly resorted to cyber operations to target critical infrastructure and military objectives, as well as to autonomous weapon systems that operate without direct human intervention, with the aim of reducing human casualties and achieving greater military superiority.

However, this shift raises profound legal challenges concerning the ability of these modern means of warfare to comply with the core principles of international humanitarian law, foremost among them the principles of distinction, proportionality, military necessity, and the obligation to take precautions in attack.

In its first part, the study focuses on cyber warfare as a novel form of armed conflict and analyzes the extent to which cyber operations are subject to the rules of international humanitarian law, particularly the principle of distinction between civilians and combatants. This analysis is conducted in light of the dual-use nature of cyberspace and the difficulty of classifying cyber targets, in addition to the challenges related to the attribution of legal responsibility for violations resulting from cyber attacks, given the difficulty of identifying the actual perpetrators and the sources of such attacks.

In its second part, the study addresses the application of international humanitarian law to autonomous weapon systems and highlights the challenges these systems pose to compliance with fundamental humanitarian principles, due to the absence of human judgment and moral agency in automated decision-making processes. The study further discusses the issue of the “responsibility gap” that may arise when violations of international humanitarian law are committed through the use of such systems, and analyzes the potential forms of responsibility, whether borne by states, military commanders, programmers, or manufacturers.

The study concludes that, although the rules of international humanitarian law were originally developed in the context of traditional warfare, they remain applicable to modern conflicts, including cyber warfare and the use of autonomous weapons.

Nevertheless, this applicability requires a flexible interpretation and further development of these rules in order to align them with the realities of contemporary armed conflicts. The study also emphasizes the need to strengthen international legal frameworks and to establish clearer and more effective regulatory mechanisms to ensure the protection of civilians, prevent impunity, and preserve the humanitarian character of armed conflicts.