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What is an armed conflict (suite) - Coggle Diagram
What is an armed conflict (suite)
V- Controversial categories -> B) Cyber operations
Cyber operations can trigger the application of the laws of war, but this depends on several factors. Two main approaches help determine whether they fall under these laws:
1) In IAC
Actors involved : must act on behalf of a state to be an IAC
Loaw threshold intensity. If the cyber operation is accompanied by traditional military actions, the threshold for an IAC is quite low, making it easier to classify as such.
Cyber and kinetic operations
If only a cyber operation -> isolated cyber operation -> when cyber operations occur in isolation, the issue becomes more complex.
To determine whether an isolated cyber operation meets the threshold for an IAC, scholars and states generally assess its consequences rather than its nature.
If a cyberattack causes physical destruction or significant disruption (eg shutting down an entire coutrny's internet infrastructure, ...) -> meet the threshold
If the operation only causes disruption without tangible damage, the classification remains debatable.
b) In NIAC
Actors involved : armed groups
If a cyber operation is launched by an independent armed group, two key questions arise:
Can the attackers be considered members of an armed group?
A group of hackers, even if well-organized, does not necessarily qualify as an armed group under international humanitarian law
• Traditionally, armed groups must have a physical presence, use conventional weapons, and be structured in a way that allows them to conduct sustained military operations.
Are they actually armed?
High threshold of intensity: it is difficult/it depends (normally for NIAC -> high level of intensity)
The threshold for hostilities in a NIAC is harder to reach through cyberattacks alone.
However, if a cyber operation targets critical infrastructure, such as a nuclear system, and causes a major impact, it could meet the necessary intensity level.
C) Support to belligerents : indirect involvement in an armed conflict
A key issue in contemporary conflicts is the extent to which states providing support to a party in a conflict become legally involved.
Ukraine VS Russia. States helping Ukraine (money, weapons, help to conduct operations BUT they are not directly involved). To what extent these states are involved in the armed conflict opposing Ukraine to Russia?
There are different hypothesis
Support by State to state fighting armed groups in NIAC
Support by State to armed group fighting territorial state in NIAC
Support by state-to-state fighting State in IAC
The help the third state provides must be directly linked to specific military operations -> the state is considered as being involved in the conflict either IAC or NIAC (even if the state does not directly have its troops in the state).
if you provide generally weapons -> not involved BUT if it specific weapons that are going to be used for a specific military operation -> the state is involved