chapter  6
The regulation of cyber warfare under the jus in bello
ByHeather A. Harrison Dinniss
Pages 35

The chapter considers the general applicability of the jus in bello to cyber operations. It discusses the crucial principle of distinction, and assesses how this is to be applied in the cyber context. In particular, the chapter assesses what constitutes a 'military objective', the issue of 'dual-use' objects in the cyber context and the prohibition on indiscriminate attacks. The chapter then considers the various ways in which the principle of precaution may be relevant to cyber-attacks. It examines a number of jus in bello requirements for measures of special protection, and assesses how these rules are relevant to cyber warfare. Finally, the chapter turns to International humanitarian law (IHL)'s restrictions on the 'means and methods' of warfare, including but not limited to the law of weaponry. General principles such as the principle of distinction, proportionality and the requirement to take appropriate precautions in attack remain at the core of the commitment to the law.