Cyber operations during the conflict in Ukraine and the role of international law

Abstract

The phenomenon of cyberspace and its definition and normative regulation represent a big challenge for contemporary international law. The cybersphere forms a fifth domain of activities where interactions between state and non-state actors could happen. Indeed, it has started to play an important role in conflicts and hostilities. Especially in these situations, international society does not have a unified view on the question as to how to deal with activities in cyberspace. Nevertheless, the fact is that cyber incidents are increasingly used to engage, harm or weaken enemies/counterparts. We can also see the different forms of abuse pursued in cyberspace during the conflict in Ukraine. This conflict is a productive example of the complexity of the legal approach and the (lack of) capability in relation to the legal understanding of cyber operations and attacks. The goal of this chapter is to highlight this complexity and determine the status of cyber incidents realized in Ukraine from the perspective of international law. Having considered the distinction between cyber attacks and cyber operations, our assumptions in the realms of conflict in Ukraine tend towards the latter notion.