Safeguarding Civilians In The Digital Battlefield: The Role Of IHL In Regulating Cyber Warfare And ICT-Driven Threats

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Nkechinyere Huomachi Worluh-Okolie, Ph.D. (JP), Senior Lecturer, Faculty of Law, Department of Public Law, Benson Idahosa University, Benin City, Nigeria. ORCID iD: 0009-0007-6794-7468. ORCID record is https://orcid.org/0009-0007-6794-7468

Joseph-Asoh, Chukwudemebi Okoye, PhD. Senior Lecturer, Faculty of Law, Department of Public Law, Benson Idahosa University, Benin City, Edo State, Nigeria.

ABSTRACT

This paper examines the applicability and effectiveness of International Humanitarian Law (IHL) in addressing the rising challenges posed by Information and Communication Technologies (ICTs) in armed conflicts. Utilizing a doctrinal research methodology, it analyzes core IHL instruments such as the Geneva Conventions, Additional Protocols, and customary principles, alongside emerging interpretations like the Tallinn Manual 2.0. The research highlights that while IHL prohibits indiscriminate attacks and mandates the protection of civilians, significant legal and practical gaps exist concerning cyber operations, digital espionage, and misinformation. These gaps are exacerbated by challenges in attribution, enforcement, and definitional ambiguity around cyber "attacks." The paper concludes that although IHL remains fundamentally relevant, evolving cyber threats require reinterpretation of existing norms, international cooperation, digital literacy, and the formulation of clear civilian data protection protocols. Ultimately, it calls for a reinvigoration of humanitarian protections to ensure that civilians remain safeguarded in both kinetic and digital domains.

Keywords: International Humanitarian Law, Cyber Warfare, Civilian Protection, Armed Conflict, Geneva Conventions.

SAFEGUARDING CIVILIANS IN THE DIGITAL BATTLEFIELD- THE ROLE OF IHL IN REGULATING CYBER WAR.

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