The Applicability of International Humanitarian Law to Cyber Operations: A Review of Russian and Western Approaches
Year: 2026
Type: article
Abstract: The relevance of this study stems from the fact that cyber operations have become an integral element of contemporary armed conflicts, while the applicability of international humanitarian law (IHL) to the digital environment remains contested and is only partially regulated. In practice, this is reflected by the lack of well-established criteria for classifying specific cyber operations as an “attack,” a “use of force,” or as unfriendly yet formally lawful conduct. Given the transboundary nature of information and communication technologies, the anonymity of actors, and the involvement of non-state entities, there is still no common approach to qualifying cyber activities or protecting civilian infrastructure, which complicates the development of a coordinated international response to cyber incidents. The problem is further exacerbated by the fact that many cyber operations do not cause physical destruction, but rather result in a loss of functionality of systems, calling into question traditional understandings of violence and harm under IHL. The methodology of the study combines a comparative legal analysis of official national positions, United Nations documents, and specialized doctrinal sources, with a systematic interpretation of IHL norms as applied to new forms of armed confrontation. The research employs doctrinal legal analysis, content analysis of governmental doctrines and expert commentaries, as well as elements of case studies focusing on representative cyber incidents, including operations targeting critical infrastructure and dual-use information systems. This article contributes to the literature by providing an integrated examination of three pivotal dimensions of the application of IHL to cyber operations: digital sovereignty, the classification of cyberattacks, and the distinction between military and civilian objectives in cyberspace. For the first time within a single analytical framework, it juxtaposes Russian and Western approaches to sovereignty in the digital domain, to the thresholds for qualifying cyber activities as “attacks,” and to the legal status of data and dual-use objects for humanitarian protection purposes. The findings demonstrate that divergent national approaches to digital sovereignty and attribution impede the development of common criteria for applying the IHL principles of distinction, proportionality and precaution to cyber operations that do not involve physical destruction. The article therefore argues for clarifying the status of data as objects protected under IHL and for adapting traditional categories of military and civilian objectives to the operating conditions of critical information infrastructure.
Author: Vadim B. Kozyulin
Language: Russian
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7150775478