The legal regime of cyberweapons in the focus of modern international humanitarian law

The article attempts to study the legal regime of cyber weapons from the standpoint of modern international humanitarian law. Two approaches are considered regarding the legal assessment of the use of cyber weapons in the practice of international relations: 1) cyber weapons as an aggressive use of information and communication technologies against another state, which is not classified as an unlawful use of force in an armed conflict; 2) cyber weapons as a􀁢means of conducting cyber attacks qualified as an unlawful use of force in an armed conflict. It is concluded that modern international humanitarian law in the context of its historical development primarily covers relations associated with the traditional use of armed forces in an armed conflict. A complete analysis of the provisions of international humanitarian law does not allow us to state the possibility of qualifying cyber weapons as war crimes. It is noted that modern military operations represent not only kinetic, but also cybernetic impact on the objects of the corresponding enemy in an armed confrontation. It is suggested that the same rules and principles should apply to such operations, including the principles of humanity, military necessity, distinction, proportionality and precautions.