Publication date: 29.05.2024
Legal Aspects of Military Activities in Cyberspace
Cyberspace is becoming an increasingly important area of military activity, especially in the modern world where information technology plays a key role in all aspects of life. Military activities in cyberspace include the protection of national interests from cyber threats, cyber intelligence, cyber defense and cyber attacks. Let us consider the main legal aspects of these activities.
International law
International humanitarian law (IHL)
International humanitarian law, also known as the law of armed conflict, regulates the behavior of armed forces during conflicts. The basic principles of IHL, such as the distinction between combatants and non-combatants, proportionality and necessity, also apply to cyber operations.
- The principle of distinction: Military action must be directed only against military objectives and combatants, and not against civilians or objects.
- The principle of proportionality: Attacks that would cause excessive civilian casualties or damage to civilian objects disproportionate to the expected military advantage are prohibited.
- The principle of necessity: Any military action must be necessary to achieve a legitimate military objective.
The Tallinn Manual
The Tallinn Manual on International Law Applicable to Cyber Operations is an informal document developed by a group of international experts. It provides an interpretation of how existing international law applies to cyber conflicts, including questions about:
- -Cyberattacks: Whether cyber operations can be considered an armed attack under the UN Charter.
- -Self-defense: When a state is allowed to take self-defense measures in response to cyberattacks.
- -State responsibility: Liability of states for cyber operations originating from their territory or carried out by their agents. You may be interested in the following articles: legal advice, legal advice, legal analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
National law
Legislation of Ukraine
Ukraine, like many other countries, is developing its own cybersecurity and cyber defense legislation.
- The Law of Ukraine "On the Basic Principles of Ensuring Cybersecurity of Ukraine": Defines the legal and organizational framework for ensuring cybersecurity, including the tasks of state bodies, including the Armed Forces of Ukraine, in this area.
- The Law of Ukraine "On National Security of Ukraine": Establishes the foundations of national security, including cybersecurity as one of its important components.
- The Criminal Code of Ukraine: Provides for liability for cybercrime, such as unauthorized interference with computer networks, systems and data.
Military legislation
- The Law of Ukraine "On Defense of Ukraine": Defines the general principles of defense policy, including cyber defense.
- Cybersecurity Strategy of Ukraine: Outlines strategic goals and measures to protect national interests in cyberspace.
Liability and sanctions
- International sanctions: International sanctions, including economic and political measures, may be imposed for violations of international law in cyberspace.
- National liability: Liability for cybercrime is provided for at the national level, including criminal liability for individuals.
