Legal Framework of Right of Self Defense in Cyber Warfare: Application through Laws of Armed Conflict

Abstract

Cyberwarfare is a worldwide danger to governments, organizations, and people. Cyber Warfare affects computer systems and networks as a battlespace. International Law faces this difficulty. Without technology, war is unthinkable today. Cyberwarfare is a new tactic of warfare in armed conflicts. As modern warfare doesn't follow IHL standards and concepts. The legal vacuum in present legislation and issues IHL faces when considering Cyber Warfare is also noted. Eventually, IHL is adopted in Cyber Warfare to resolve problems quickly. In recent decades, the use of cyber methods in armed conflicts and how International Law applies to such circumstances has been a major concern. In this research paper, I first evaluate major humanitarian and legal concerns and show that the use of computer networks during armed conflicts is now a reality and a critical issue for the international community to address. In today's malware-ridden cultures, malicious cyber activities may disrupt and hurt people. Second, I present a short review of the international debate concerning cyber warfare during armed conflicts, focusing on the applicability of the Law of Armed Conflicts to cyber espionage. Cyber activities, or cyber warfare, are unquestionably governed by IHL. I also look at how IHL rules and principles apply to situations other than armed attacks involving cyber operations, as well as adequate protective regimes for cyber-attackers and infrastructure, such as health and humanitarian facilities. In this study, I examine whether IHL may be applied to cyber-warfare if it becomes an armed conflict. Conservative Critique evaluates the present IHL infrastructure to govern Cyber Warfare.