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Cyber Warfare And The Future Of International Humanitarian Law




Anurag Singh, New Law College, BVP, Pune


ABSTRACT


The digitalisation of armed conflict has generated one of the most complex normative crises in the history of international law. State-sponsored cyber operations from targeted disruptions of critical infrastructure to covert influence campaigns now define contemporary geopolitical competition. Yet the legal architecture governing armed conflict, anchored in treaties drafted for an industrial age, struggles to accommodate the distinct characteristics of cyberspace: anonymity, velocity, dual-use technology, and the absence of legible territorial boundaries. This article examines the capacity of International Humanitarian Law (IHL) to regulate cyber warfare, interrogating how foundational principles distinction, proportionality, precaution, and humanity translate into the digital domain.


It surveys the inadequacy of existing treaty instruments, the contested contributions of the Tallinn Manual 2.0, and the structural barriers to binding norm development. The article argues that while IHL principles are theoretically extendable to cyber operations, their practical application remains critically under-determined, exposing civilian populations to unacceptable risk. It concludes by advancing a reformist agenda centred on treaty codification, mandatory attribution mechanisms, and a dedicated cyber-IHL monitoring body.


Keywords: Cyber Warfare, International Humanitarian Law, Tallinn Manual, Distinction, Proportionality, Critical Infrastructure, Normative Gap, Cyber Operations, Armed Conflict, Treaty Reform



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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