NATO to Apply Armed Conflict Law to Cyber Warfare

This post is also available in: עברית (Hebrew)

The NATO alliance is pushing for a more robust cyber defense strategy ahead of its September summit in Wales. The allies are likely to express their support for applying the law of armed conflict to cyber warfare.

According to DW after operating for years without a clear legal framework, NATO’s 28 member states are moving closer to officially applying the law of armed conflict to cyber warfare, a move that would have far-reaching consequences on how military operations are conducted in the digital age.

Applying the law of armed conflict to cyber warfare would provide greater clarity to the member states’ militaries on how to conduct cyber operations, according to Michael Schmitt, director of the Stockton Center for the Study of International Law at the United States Naval War College.

“It’s a very important move and one that’s overdue,” Schmitt told DW.”The notion of going to war without understanding what law applies and how it applies to your cyber operations in an era when cyber operations are central to armed conflict is, to me, very troubling.”

Cyber-attacks have the potential to injure – or kill – innocent people. Under the armed conflict law, states can conduct military operations only against combatants and military targets. They are prohibited from attacking civilians or civilian property and infrastructure, such as homes, hospitals and schools.

iHLS – Israel Homeland Security

But as military operations have moved into cyberspace, many governments around the world have not yet adopted a clear policy on whether or not they should apply these same rules to cyber warfare. Although a cyber attack does not physically destroy a target like a bomb, it can still have catastrophic consequences for the life and property of civilians.

Even a more targeted cyber-attack intended to cripple an adversary’s military capabilities could also cause collateral damage. If a belligerent party tries to shut down the enemy’s radar system with a cyber-attack, for example, there’s a risk that civilian air traffic control could also be impaired, leading to possible airplane accidents.

“Fortunately until now, there haven’t been huge consequences in terms of destruction because of the use of cyberspace during armed conflict – but we are concerned by the risk that this kind of thing might occur,” Gisel added.

Under Article 36 of the First Additional Protocol to the Geneva Conventions, states are required to apply the law of armed conflict to new military technologies or means of waging war. That means that the law of armed conflict applies to cyber warfare.