Law of Armed Conflict.
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Nov 24, 2024
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Law of Armed Conflict (LOAC)
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Law of Armed Conflict (LOAC)
International law, particularly the Law of Armed Conflict, can be challenging to apply to
cyber operations due to the need for universally recognized standards for conduct in the digital
realm. The rapid pace of technological development also makes it challenging to stay abreast of
relevant industry developments (European Commission, n.d). Furthermore, it is difficult to credit
liability for assaults due to the lack of openness around state-sponsored cyber activities.
Various rules and regulations created for traditional warfare apply to cyberspace with
minor adjustments. The concept of distinction, for instance, states that only military targets may
be attacked. This idea can be extrapolated to the digital sphere, underscoring the need to
distinguish between civilian and military entities and limiting cyberattacks to authorized military
targets (European Commission, n.d). By adhering to this principle, states and actors engaged in
cyber warfare can limit the amount of damage done to civilians, keep vital civilian infrastructure
safe, and act ethically online. Even in this novel and fast-developing facet of conflict, using
established standards helps build a framework for responsible and accountable behavior.
However, other specific norms and laws are difficult to apply in cyberspace. The
Principle of proportionality is an excellent example of the norm challenging to apply in
cyberspace which entails using as much as is necessary to attain the desired military result.
Determining the full scope of cyber-attack damage in cyberspace is difficult since its
consequences may go well beyond the initial impact and encompass previously unseen
vulnerabilities or domino effects. Consequently, lack of clarity may challenge determining the
unseen vulnerability or domino effects (European Commission, n.d). Similarly, the intangible
and ever-evolving nature of cyber threats poses challenges to the Principle of necessity, which
states that resorting to an assault should be the absolute last resort. Due to changing nature of the
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technology, it is difficult to predict if the attack is necessary. The ever-changing nature of
cyberspace necessitates reevaluating and modifying current norms and the pursuit of novel
techniques to maintain ethical and legal standards.
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Reference
European Commission. Introduction to the Law of Armed Conflict (LOAC). Humanitarian Aid
and Civil Protection.