Lesson 9 Questions Flashcards
Means and methods (10 cards)
What is cyber warfare and its purpose in armed conflict?
Cyber warfare involves digital attacks to disrupt, disable, or gather intelligence. Aimed at military advantage through non-kinetic or kinetic effects.
When does IHL apply to cyber operations?
When conducted in armed conflict with effects comparable to kinetic warfare. Must comply with IHL principles: distinction, proportionality, etc.
When is a cyber operation considered an attack under IHL?
If it causes injury, death, or physical destruction (AP I, Art. 49). Mere data theft or disruption doesn’t qualify.
What challenges arise in applying IHL to cyber operations?
Attribution, definition of ‘attack’, status of data, and targeting dual-use infrastructure raise legal and operational complexities.
Should there be a separate IHL treaty on cyber operations?
Debated. Some argue IHL is sufficient and flexible; others want clarification on data, grey zones, and accountability.
When is it illegal for a combatant to wear civilian clothes?
Illegal if done to kill or capture while disguised—considered perfidy (AP I, Art. 37). Not illegal to evade capture if not engaging in hostilities.
What does Protocol III of the CCW say about incendiary weapons?
Bans use against civilians/civilian objects, restricts use in civilian areas. Customary IHL also prohibits unnecessary suffering and indiscriminate use.
What are the core rules of weapon law under customary IHL?
1) No unnecessary suffering; 2) No indiscriminate weapons; 3) Evaluate legality of new weapons.
How does Protocol II regulate landmines vs. customary IHL?
Protocol II restricts use and mandates safeguards. Customary IHL bans indiscriminate use and requires distinction, proportionality, and precautions.
What does the Ottawa Convention do?
Bans anti-personnel mines, mandates destruction and clearance, and victim assistance. Goes further than customary IHL or CCW Protocol II.
