Cyber warfare is a reality of the modern battlefield. Digitalization of civil society has expanded the range of cyber targets, further exposing it to dangers arising from the conduct of hostilities. Principle of distinction, one of the core fundamental principles of international humanitarian law dictates, that participants in hostilities at all times distinguish between civilian objects and military objectives, between civilians and combatants, as well as enable the opponent to make the same distinction. By analyzing the application of the principle of distinction to persons and objects, the thesis addresses the adequacy of the protection offered by the principle in the cyber domain. Great reliance of militaries on cyberinfrastructure significantly expands the range of potential military objectives, including the systems which key civilian activities depend on. In the meantime, the structure of cyberspace itself does not allow for the separation of its military and civilian components. Due to its interconnectedness, doubt can arise regarding any military advantage, originating from the destruction, capture, or neutralization of targets in the cyber domain. There are many unknowns in distinction between persons as well. Simple conditions for the combatant status are in cyber warfare difficult to be fulfilled. The common use of civilians in cyber operations is again actualizing the debate on legal regulation of civilian direct participation in hostilities. Operations causing a serious impact on key civilian infrastructure and services, might not be regulated by the regime of direct participation in hostilities, allowing the civilians to conduct cyber operations with significant consequences for the civilian population, without themselves becoming military targets.
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