The Role of International Humanitarian Law in Protecting Digital Infrastructure in Armed Conflicts

Abstract

Abstract

This research highlights the role of international humanitarian law in protecting digital infrastructure during armed conflicts. It adopts the descriptive approach to clarify the legal the international rules relating to the protection of civilian objects and digital infrastructure, and the analytical approach to examine legal texts in international conventions, particularly the Geneva Conventions, the Additional Protocols, and international judicial practice. It also employs the comparative approach to compare Arab and international experiences in applying international humanitarian law to cyberattacks. The study finds that traditional principles of international humanitarian law, especially the principle of distinction, are applicable to digital infrastructure when a cyberattack produces effects comparable to conventional kinetic attacks. However, this application faces difficulties, particularly the dual civilian/military use of digital infrastructure. The study recommends establishing a clear international legal framework for attributing cyberattacks and holding states responsible for non-state actors acting under their direction or effective control.

The importance of this research stems from the evolving nature of armed conflicts. With the rapid digital transformation and the emergence of cyber warfare as a tool of conflict, it has become necessary to study the applicability of traditional rules of international humanitarian law—which were developed in the context of physical conflicts—in the digital environment. The importance of this study also lies in the importance of filling the international legislative gap. The legal rules that regulate cyberattacks are still unclear or incomplete, which makes research on this topic a means of contributing to the development of a legal framework that ensures the protection of individuals and civilian infrastructure from the effects of digital warfare.