On September 27, the National Cybersecurity Coordination Center under the National Security and Defense Council of Ukraine held a workshop on the application of international humanitarian law to cyber operations. Participants discussed the legal regulation of cyber operations and their compliance with international humanitarian law. Special attention was given to the legal aspects of actions in cyberspace affecting both military and civilian targets.
"Any Russian attack is illegal, whether aimed at military or civilian targets, as Russia is an aggressor state. Ukraine, in accordance with its legitimate right to self-defense guaranteed by international law, may also attack Russia in cyberspace," said Ilona Khmeleva, Secretary of the Economic Security Council of Ukraine (ESСU).
During the workshop, participants covered a range of key topics, including the status of combatants in the context of "cyber warfare," an analysis of international experience in applying international humanitarian law to cyber operations, and debated the implementation of these norms in the information and communication technologies (ICT) sector. The concept of "loss of functionality" as a basis for recognizing cyberattacks as war crimes was also examined, alongside a legal analysis of cyberattacks that occurred during the Russia-Ukraine war.
The outcomes of the workshop will contribute to creating a unified approach to the legal regulation of cyber operations that can be applied in the context of war. These findings will also be used to shape Ukraine's position on the international stage.