Conflict of Laws in Cross-Border Cyber Disputes: An Analysis in Light of International Humanitarian Law

Abstract

This study addresses the conflict of laws in cross-border cyber hostilities from an international humanitarian law (IHL) point of view. With the growing integration of cyber operations into modern armed conflicts, legal systems are faced with unprecedented challenges of determining applicable laws and competent jurisdictions. Unlike traditional warfare, cyberattacks often transcend physical borders, and it is complex to apply concepts such as lex loci delicti, territoriality, and nationality. The research explains how this traditional conflict of laws rules can be fitted into the intangible and borderless nature of cyberspace. It also addresses the applicability of the principles of IHL-distinction, proportionality, and necessity-to cyber operations, especially if they are against civilian infrastructure or occur in armed conflict. Using a descriptive-analytical approach, the study is based on legal instruments, international jurisprudence, and scholarly debate to examine the adequacy of current regimes. The aim is to provide recommendations that merge private international law mechanisms and IHL frameworks to efficiently govern cyber warfare while safeguarding humanitarian interests. By bridging these two legal fields, the research contributes towards developing a coherent and realistic legal response to the evolving nature of cyber warfare.