We consider the ethical principles of the development and implementation of artificial intelligence (AI) and the consequences of their absence.
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In this article, you will learn about how cyberspace has become a new arena of interstate conflicts, where cyber methods of warfare are becoming increasingly important. Opportunities and challenges that cyber operations create for international humanitarian law are considered. In particular, the principles of humanity and protection of civilians during armed conflicts, which must be observed even in cyber warfare, are discussed. Using the specific example of an attack on Ukrainian artillery units, the impact of cyberattacks on real military operations is analyzed, and the need for legal regulation and responsibility for cybercrimes in accordance with Ukrainian and international legislation is emphasized.
Cyberspace has become an arena for interstate conflicts, where cyber methods of warfare play an increasingly significant role. These methods offer a completely different dimension of warfare, one that includes both significant opportunities and serious challenges for international humanitarian law.
Civilian hackers must respect the laws of the countries in which they operate (more on this in the article “Legal Firewall for Hackers: Strategies for Avoiding Legal Risks.”) If these laws are soft, do not apply, or if a civilian hacker chooses to ignore them, during armed conflicts, international humanitarian law provides a universally recognized set of rules aimed at protecting civilians and military personnel.
In the context of armed conflict, international humanitarian law does not prohibit “hacking” nor does it prohibit civilians from conducting cyber operations against military assets. But it sets out basic humanitarian considerations for the protection of civilians, that is, the obligations that everyone must respect when conducting operations in the context of armed conflict, regardless of the reasons for the conflict, the objectives of which are considered legitimate, or whether the operation is in offense or defense.
Cyberspace is not a space of lawlessness – even wars have limits.
With the development of information technologies and the Internet, the threat of cyber war has become a reality for many states, including Ukraine. Cyber warfare involves the use of computer networks and systems to launch attacks that can have serious consequences for national security, the economy, and citizens. In the context of Ukrainian criminal legislation and international law, in particular the Geneva Convention, cyber warfare requires a clear legal regulation for the effective protection of the state and its citizens.
Cyber warfare includes a variety of activities such as:
Cyber attacks on critical infrastructure.
Espionage and data theft.
Dissemination of misinformation.
Sabotage of information systems.
These attacks can be carried out by both state and non-state actors with the aim of undermining the stability of the state or obtaining certain benefits.
Ukrainian legislation provides for liability for cyberattacks and other cybercrimes. The main regulatory legal acts regulating these issues are the Criminal Code of Ukraine and the Law of Ukraine “On the Basic Principles of Ensuring Cyber Security of Ukraine”.
The Criminal Code of Ukraine contains several articles related to cybercrimes:
Article 361: Illegal interference in the operation of electronic computing machines (computers), automated systems, computer networks or telecommunication networks.
Article 361-1: Creation for the purpose of use, distribution or sale of malicious software or technical means, as well as their distribution or sale.
Article 362: Unauthorized actions with information that is processed in computers, computer networks or stored on carriers of such information.
This law defines the legal and organizational basis for ensuring cyber security in Ukraine, including:
Creation of a cyber protection system.
Establishing liability for cyber security violations.
Regulation of activities of entities that provide cyber security.
The Geneva Convention, the main international treaty governing the rules of war and the protection of victims of armed conflict, also has certain provisions that can be applied to cyber warfare.
Principles of humanitarian law
Principle of Distinction: Requires parties to a conflict to distinguish between civilians and combatants, as well as between civilian objects and military targets.
Principle of Proportionality: Prohibits attacks that may cause excessive harm to civilians or objects compared to the expected military advantage.
Principle of precautionary measures: Obliges the parties to the conflict to take all possible precautionary measures to minimize harm to civilians.
Application of the Geneva Convention to cyber warfare
In the case of cyber-attacks that could cause physical harm or death, these principles can be applied. For example, a cyber attack on a hospital or energy system resulting in the death of civilians would be considered a violation of international humanitarian law.
One example of the use of cyber means in the conflict was the operation conducted against Ukrainian artillery units in the period from 2014 to 2016. The malware, identified as X-Agent, was implanted into an artillery fire coordination application originally developed by a Ukrainian officer. This cyberattack allowed the adversary to collect intelligence that included geolocation, text messages, contact lists, and other critical information.
The Russian group APT28, also known as FANCY BEAR, is known to be behind the attack, which is linked to Russian military intelligence. The purpose of this operation was to track Ukrainian artillery units, especially those equipped with D-30 howitzers, to make the activities of Russian-backed separatists more effective.
Unfortunately, as a result of this cyber operation, Ukrainian forces lost a significant part of their arsenal of D-30 howitzers, although the Ukrainian military denied reports of alleged artillery losses, noting that the destruction of artillery systems was not related to the distribution of malware.
This case demonstrates how much impact cyber operations can have on actual military operations. The importance of the correct application of international humanitarian law in the context of cyberwar becomes even more urgent, as the traditional concepts of the means and methods of waging war need to be rethought.
Cyberspace has opened a new era in the conduct of interstate conflicts, where cyber methods are becoming an integral part of modern military strategies. The challenges facing international humanitarian law in this context require careful study and adaptation of legal norms for the protection of the civilian population. Thus, cyber operations already today require clear rules and norms that will be aimed at protecting human rights and maintaining international peace and security, even in a world where wars are fought with the help of the latest technologies.
These legal recommendations were developed by a lawyer in the field of protection of business interests and intellectual property. For professional legal advice, contact via Telegram: @your_legist.
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