Gisel, Laurent, Rodenhauser, Tilman, Dormann, Knut.Geneva, Switzerland: International Committee of the Red Cross. A Guide to the Legal Review of New Weapons, Means and Methods of Warfare. Efforts by states in sincere exploitation of existing laws are the sine qua non for the evolution of IHL in the cyber context. Given such ambiguity, international humanitarian law (IHL, interchangeably used with LOAC) will more frequently be violated in conflicts occurring in cyberspace than in physical space. From defining the basic terms like attack and object to the attribution need resolution. The world community is yet to reach a consensus on how LOAC protects at times of cyberwarfare. This is because armed conflicts in cyberspace differ from kinetic warfare in multiple dimensions. What is the foreseeable solution is the comprehensive state practice for interpreting the existing rules ( lex lata) regulating the armed conflict in the cyber context. This paper is primarily based upon the assumption that existing treaty law is sufficient in many aspects yet in some areas treaty-making is also needed.
The Law of Armed Conflict (LOAC) is drafted flexibly to adapt to changing circumstances. From simple distributed denial-of-service (DDoS) attacks to the potent Stuxnet and Flame the cyber weapons vary in their potential human cost. The dynamics of warfare have changed from the conventional wars fought on the battlefield to virtual warfare as states have been involved in the cyber arms race.
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