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Invisible Enemies: Attribution Challenges in Cyber Warfare under International Humanitarian Law

Author(s) Dr. Swarup Mukherjee
Country India
Abstract Cyber warfare has fundamentally altered the nature of armed conflict by enabling States and non-State actors to inflict significant harm without crossing physical borders or revealing their identity. Central to this transformation is the problem of attribution—the ability to reliably identify the author of a cyber-operation and legally assign responsibility. International Humanitarian Law (IHL), built upon assumptions of visible actors, territorial battlefields, and attributable conduct, faces profound strain when applied to anonymous, transnational cyber operations. This article examines the legal, technical, and normative challenges of attributing cyber warfare under IHL. It argues that existing doctrines of State responsibility and conduct of hostilities are formally adaptable but practically inadequate, creating an accountability deficit that risks eroding civilian protection and the rule of law in armed conflict. The article concludes by proposing a calibrated reinterpretation of attribution standards, evidentiary thresholds, and institutional mechanisms to preserve IHL’s relevance in the digital battlespace.
Keywords Cyber warfare, Attribution, International humanitarian law (IHL), Armed conflict, State responsibility, Cyber operations, Use of force, Distinction and proportionality, War crimes, Non-State actors, Due diligence, Tallinn Manual, State sovereignty, Accountability, Digital battlefield
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 12, December 2025
Published On 2025-12-20
DOI https://doi.org/10.70528/IJLRP.v6.i12.1881
Short DOI https://doi.org/hbhfgm
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