Cyber War and Civil Protection in the Perspective of International Humanitarian Law: Legal Challenges and Innovations in the Digital Age
Downloads
Cyber warfare is a form of warfare that is explicitly unmanageable by existing international law. While most experts agree that legal restrictions should apply to this phenomenon. Cyber warfare has also presented unprecedented new challenges to the application of International Humanitarian Law (IH), particularly in terms of the protection of civilians. As digital infrastructure becomes an essential part of civilian life and military operations, the basic principles of HHI such as distinctiveness, proportionality, and prudence face significant obstacles in cyberspace. This article analyzes a variety of emerging legal ambiguities, including attribution issues, dual-use infrastructure, and non-physical impacts on civilians. In addition, this article explores legal innovations such as the reinterpretation of existing principles, the role of the Tallinn Manual, as well as the possibility of developing new legal instruments that are more adaptive to digital reality. The study concludes with policy recommendations to strengthen civil protection and enrich the cyber law architecture through multilateral cooperation and the development of new legal norms.
Copyright (c) 2025 Taufik Nur Cahyanto, Adietya Yuni Nurtono, Tarsisius Susilo, Budiman Marpaung, Budi Saroso
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC-BY-SA). that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
