The Challenges of Applying International Humanitarian Law (IHL) to Cyber Conflicts and Autonomous Weapons

Abstract

 The continuous growth of cyberwarfare (and associated areas such as Artificial Intelligence (AI)) and the proliferation of autonomous weapon systems is creating new complications which put a further strain on the concepts enshrined in International Humanitarian Law (IHL). Their baselines (the Geneva Conventions and their Additional Protocols) are becoming harder to define, as contemporary armed conflicts are often fought in cyberspace, along with autonomous zones where the concepts of attribution, distinction, and proportionality are harder to define. This research analyzes gaps in IHL with the use of cyber weapons and warfare and AI. It adopts a qualitative methodology where legal documents, cyber warfare case studies, and doctrinal analyses of the Tallinn Manual, ICRC reports, and UN resolutions are reviewed. The study concludes though the cardinal principles of IHL are applicable, their implementation in the context of cyberspace is weak owing to lack of clarity, agreement, and mechanisms of enforcement. The study calls for legal changes, enhanced global collaboration, and new treaties to extend IHL to cyber warfare and autonomous weaponry.