Working paper
OA Policy
English

Applicability of the Jus in Bello to Cyber Operations Against Civilian Data: A Legal Grey Zone in the Protection of Data

ContributorsWildi, Daniela
Number of pages38
PublisherGenève : Global Studies Institute
Collection
  • GSI Working Papers; 2023/04
First online date2023-11-01
Abstract

Starting from the premise that cyber operations affecting civilian data ‘could cause more harm to civilians than the destruction of physical objects’, the research sets out to identify the legal grey zone arising from the applicability of the jus in bello and its susceptibility (or potential) to exploitation when conducting cyber operations against civilian data. Two central concepts have proven to be challenging to apply. First, determining the meaning of the term ‘attack’ under IHL remains unsettled when applied to cyber operations. In particular, regarding the key threshold of ‘attack’, consideration should be given as to how below-threshold cyber operations are to be addressed. Second, a related debate centers around the question of whether data can be considered an ‘object’ under IHL. It follows that various rules of IHL which provide protections to ‘objects’ – particularly those relating to distinction, proportionality, and precautions in attack – do not protect data if it does not fall within the definition of ‘object’. While targeting law provides minimal protection of civilian data beyond those limited operations that would produce physical effects, certain categories of targets enjoy special protections that do not rely on qualifications such as ‘attacks or ‘objects’. By emphasizing the relevance of the protection of civilian data in armed conflict, the research illustrates that the law remains unsettled in a way that either places civilians at risk or fails to address currently lawful cyber operations against civilian data that could nevertheless prove highly detrimental to the civilian population. Consequently, a significant coverage gap exists within IHL for the protection of civilian data in modern society. The research proposes expanding perspectives beyond the limited scope of existing IHL, encouraging future research to reflect and engage in detail with the intersection of existing principles of data protection, data security, and other relevant legal frameworks and attempt to apply them to modern armed conflict.

Keywords
  • International humanitarian law
  • Military cyber operations
  • Civilian data protection
  • Cyberspace
  • Cyber attacks
NoteISSN 2624-8360
Citation (ISO format)
WILDI, Daniela. Applicability of the Jus in Bello to Cyber Operations Against Civilian Data: A Legal Grey Zone in the Protection of Data. 2023
Main files (1)
Working paper
accessLevelPublic
Identifiers
  • PID : unige:172625
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80downloads

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Creation01/11/2023 08:08:51
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