How does cyber warfare fit in the framework of International Humanitarian Law?

There is no unanimously agreed definition of cyber warfare, however there are a few authoritative drafts. The Tallinn Manual 2.0 distinguishes between (a) the means, and (b) the methods of cyber warfare as being: a) cyber weapons and their associated cyber systems; b) cyber tactics, techniques, and procedures by which hostilities are conducted (Tallinn Manual, p. 452). This definition notes that the ‘means of cyber warfare’ include cyber weapons and cyber weapon systems. In this context, a weapon is the part of the system which causes damage or injury. This broad definition allows for cyber warfare to encompass cyber devices, equipment, or software used, designed, or intended to be used to conduct a cyber attack. Subsequently, it defines cyber weapons as “cyber means of warfare that are used, designed, or intended to be used to cause injury to, or death of, persons or damage to, or destruction of, objects, that is, that result in the consequences required for qualification of a cyber operation as an attack” (ibid). It states that this definition is applicable to International Armed Conflicts and Non-International Armed Conflicts.

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