The former identifies what a valid target is and what it is not, and the latter how much force should be applied to that target to avoid collateral damage.Īt the international level, the enforcement of IHL is overseen by several bodies, including: For centuries, two concepts behind the just use of violence have been discrimination and proportionality. The overall goal of IHL is to balance the military necessity of armed conflicts with the protection of people who are not participating in hostilities. Customary international law refers to unwritten rules and practices recognized by states as binding legal norms. In addition to these treaties, customary international law also plays a role. The rules of IHL are set out in treaties, including the Fourth Geneva Convention of 1949 and their two Additional Protocols of 1977. Its aim is to mitigate the suffering caused through armed conflicts by guaranteeing that fundamental human rights are respected. This manual is nonbinding, and its aim is to inform the ongoing discussions toward comprehensive international agreements.įor now, what stands is IHL, also known as the law of war. The Tallinn Manual is a cyber-IHL-specific body of work in which experts discuss various technical aspects of how this growing body of regulations should be interpreted and applied (see sidebar). “ operations are regulated by international humanitarian law, just like any other means or methods of warfare is regulated by international humanitarian law,” said Jonathan Horowitz, legal advisor at the International Committee of the Red Cross (ICRC). Legal and moral ramifications exist for every act of war violating this set of rules, including cyber warfare.Īccording to most mainstream interpretations of international agreements, a cyber attack against adversarial infrastructure creating disproportionate collateral damage could lead to criminal liability, reputational damage, civil liability and reciprocal retaliation. International humanitarian law (IHL) aims to protect civilians, prisoners of war and others not actively participating in hostilities.
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