The definition of armed conflict in cyberspace

Abstract

The information technologies development affects all spheres of human activity, including the military activities of States. The level of military information technologies development allows us to talk about a new theatre of military operations — the cyberspace. The likelihood of an armed conflict in cyberspace is also confirmed by the Tallinn Manual, developed in 2013 and updated in 2017 by experts from the NATO States with the participation of the International Committee of the Red Cross. In the context of the high probability of military action in cyberspace, the starting point for applying international humanitarian law to such situations is the definition of a cyber armed conflict. The research of this topical issue of modern international law of armed conflicts is the subject of this article. The author pays attention to the legal definition of cyberspace in general, and to related problems. In the absence of an international treaty regulating this area, it was suggested that such treaty should be developed and adopted. Because there is no definition of “classic” armed conflict in international humanitarian law, this article offers the author’s definition of “classic” armed conflict based on the analysis of the law of armed conflicts, relevant practice and international legal doctrine. Based on this definition, on detailed analysis of the relevant norms of international law, including the norms proposed by the Tallinn Manual on International Law Applicable to Cyber Operations, on the doctrine of international law, and taking into account the specifics of cyberspace, the author gives a comprehensive definition of armed conflict in cyberspace. The author substantiates the need to use the concept of cyber armed conflict, and not the terms “cyberwar” or “information war”. This article focuses on and evaluates the relevant provisions of the Tallinn Manual. The author also made suggestions on possible solutions to the problems discussed in this article.

Keywords:

cyberspace, armed conflict, information technologies, international humanitarian law, cyber armed conflict, law of armed conflicts, digital sovereignty