![handle is hein.journals/dltr15 and id is 1 raw text is:
ICRC, NATO AND THE U.S. - DIRECT
PARTICIPATION IN HACKTIVITIES -
TARGETING PRIVATE CONTRACTORS AND
CIVILIANS IN CYBERSPACE UNDER
INTERNATIONAL HUMANITARIAN LAW
IDO KILOVATYT
ABSTRACT
Cyber-attacks have become increasingly common and are an
integral part of contemporary armed conflicts. With that premise
in mind, the question arises of whether or not a civilian carrying
out cyber-attacks during an armed conflict becomes a legitimate
target under international humanitarian law. This paper aims to
explore this question using three different analytical and
conceptualframeworks while looking at a variety of cyber-attacks
along with their subsequent effects. One of the core principles of
the law of armed conflict is distinction, which states that civilians
in an armed conflict are granted a set of protections, mainly the
protection from direct attacks by the adversary, whereas
combatants (or members of armed groups) and military objectives
may become legitimate targets of direct attacks. Although
civilians are generally protected from direct attacks, they can still
become victims of an attack because they lose this protection 'for
such time as they take direct part in hostilities. ' In other words,
t Cyber Fellow at the Center for Global Legal Challenges, Yale Law School;
Resident Fellow Information Society Project, Yale Law School; S.J.D. Candidate,
Georgetown University Law Center. I would like to gratefully acknowledge the
generous support of the Minerva Center for the Rule of Law under Extreme
Conditions at the Faculty of Law and Department of Geography and
Environmental Studies, University of Haifa, Israel and of the Israeli Ministry of
Science, Technology and Space, who made this project possible. I am thankful
for the comments and support of Prof. Amnon Reichman, Prof. Rosa Brooks, Prof.
Alexa Freeman, Prof. Mary DeRosa, Adv. Ido Rosenzweig, and all the attendees
of the cyber sessions at the University of Haifa, who were incredibly helpful in
the process of writing this paper.
1 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating
to the Protection of Victims of International Armed Conflicts (Protocol I) art.
51(3), June 8, 1977, 1125 U.N.T.S. 3 [hereinafter AP I]. In the non-international
armed conflict context, see Article 13(3) of the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of Non-](ViewImageLocal?handle=hein.journals/dltr15&div=1&collection=&method=preview&ext=.png&size=3)
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