Ahmed Aubais Al fatlawi
Affiliation: University of Kufa, Faculty of Law
Lecture at Al Alamein institute for Postgraduate studies
Email: [email protected]
Abstract: The evolution of cyber warfare has muddled the distinction between civilians and combatants, presenting a profound challenge to international humanitarian law (IHL). As conflicts spill over into the digital domain, involving civilians in cyber operations raises complex legal issues. Unlike in conventional warfare, where delineating combatants from non-combatants is more explicit, the complexities of cyberspace pose unique challenges for existing IHL frameworks. This article delves into these emerging challenges, highlighting the legal ramifications of civilian cyberattack involvement and emphasizing the critical need for creative legal solutions. The proliferation of anonymous, decentralized cyber operations undermines the application of the principle of distinction, complicating efforts to safeguard non-combatants and ensure accountability. To address these challenges, the article advocates for establishing new legal standards, including a revised concept of direct cyber engagement that elucidates the roles of civilians and combatants in the digital battlefield. Furthermore, it emphasizes the imperative of setting up specialized international courts or bodies to adjudicate cyber-related cases, essential for ensuring accountability in cyberattacks. The article also underscores the crucial role of enhanced international cooperation in this process. Specialized legal frameworks and international cooperation are vital for upholding the humanitarian principles integral to IHL while adapting to the evolving nature of modern warfare. In conclusion, the increase in civilian participation in cyberattacks uncovers a crucial gap in current legal protections, demanding swift and decisive action to maintain the principles of humanitarian law in the digital age.
Keywords: Cyber warfare; Legal Challenges; Civilian Involvement.