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Regulation of Hybrid Warfare and Cyber Conflicts

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 03.06.2024

Regulation of Hybrid Warfare and Cyber Conflicts

 

Introduction

 

Hybrid warfare and cyber conflicts have become one of the most pressing challenges of the modern world, changing traditional notions of security and defense. These types of conflicts include a combination of military, economic, information and cyber operations aimed at achieving political and strategic goals. In this article, we will consider the main aspects of regulating hybrid warfare and cyber conflicts, including international norms, national strategies, and challenges faced by the global community.

 

The main part

 

Hybrid Warfare

 

Definition and Features

Hybrid warfare includes the use of various methods and means to achieve political goals, such as:

  • Military actions: Traditional armed conflicts, support for separatist movements.
  • Information campaigns: Disinformation, propaganda, influence on public opinion.
  • Cyber operations: Attacks on critical infrastructure, data theft, system hacking.
  • Economic pressure: Sanctions, economic blockades, sabotage.

 

International Legal Regulation

International law does not yet have clearly defined rules to regulate hybrid warfare, but some aspects are regulated by existing treaties and conventions:

  • The Hague and Geneva Conventions: Regulate issues of armed conflict, protection of civilians and prisoners of war.
  • International humanitarian law (IHL): The basic principles of IHL, such as the distinction between combatants and non-combatants, proportionality and necessity, apply to hybrid conflicts.

 

National Strategies

Many countries have developed their own strategies to counter hybrid threats:

  • National security strategies: Includes measures to counter hybrid threats, including strengthening defense capabilities, intelligence and counterintelligence.
  • International cooperation: NATO member states and the EU actively cooperate in countering hybrid threats, sharing information and experience.

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Cyber conflicts

 

Definition and Features

 

Cyber conflicts include the use of cyberspace to attack information systems, networks and data:

  • Cyber attacks: DDoS attacks, hacking of information systems, data theft.
  • Cyber espionage: Gathering intelligence through cyberspace.
  • Cyberterrorism: The use of cyberspace to commit terrorist acts.

International Legal Regulation

International law in the field of cyber conflicts is also under development:

  • Tallinn Manual: An informal document developed by a group of experts under the auspices of NATO that proposes the application of existing international law to cyber conflicts.
  • Council of Europe Convention on Cybercrime (Budapest Convention): The first international treaty regulating cybercrime, including cooperation between states in the investigation of cybercrime.

 

National Strategies

 
  • National cybersecurity strategies: Many countries have developed and implemented national cybersecurity strategies that include measures to prevent, detect, respond to, and recover from cyber threats.
  •  
  • Cybersecurity centers: Establishment of national cybersecurity centers to coordinate the efforts of government agencies, the private sector, and civil society in the field of cybersecurity.
  •  
  • International cooperation: Active participation in international organizations and initiatives, such as the Global Forum for Cyber Expertise (GFCE), to share information and best practices in the field of cybersecurity.

 

Conclusion.

Regulation of hybrid warfare and cyber conflicts is one of the most complex and urgent tasks of modern international law and national security. The challenges posed by these forms of conflict require a comprehensive approach that combines legal, technological, political and social measures.

 

The international community should continue to work on developing clear norms and standards to regulate hybrid and cyber conflicts, taking into account the rapid development of technology and the changing nature of threats. At the same time, national governments should strengthen their defense and cyber defense capabilities, develop partnerships with the private sector and civil society, and actively cooperate at the international level.

 

Ensuring effective regulation of hybrid warfare and cyber conflicts is vital to maintaining stability, security and the rule of law in the world. Only through joint efforts can we succeed in this complex but necessary task.

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