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Law of armed conflict cyber warfare1/20/2024 ![]() Because the standard governing what constitutes a lawful combatant under any reasonable reading of the Geneva Conventions is muddled as applied to combatants in cyber-warfare as presently conducted, this paper takes the position that under present custom, cyber-combatants may likely be effectively considered illegal combatants under International Law. Whether they act on the orders or in support of States or non-state groups, those perpetrating cyber-attacks that have material effects upon the morale or infrastructure of a sovereign nation during armed conflict should be treated as “combatants” for purposes of international law, and the legality of their actions should be defined. It should set the rules of engagement for cyber-attacks and operations conducted for political advantage, morale boost, and tactical purposes. This definition should encompass cyber-attacks perpetrated by states, unrecognized states, and non-state groups. ![]() In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. ![]() This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. Cyber-attacks take many forms, only some of which are applicable to the law of war. ![]()
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