As part of the National Cybersecurity Cluster initiative, a recent workshop focused on defining Ukraine’s national stance on the application of international humanitarian law (IHL) to cyber operations.
In his opening remarks, Deputy Secretary of the National Security and Defense Council of Ukraine, Serhii Demediuk, underscored that Russia is an aggressor state that has initiated an unprovoked and unjustifiable war against Ukraine, including in the cyber domain. He stated, “All its attacks constitute gross violations of the principles and norms of international law. Conversely, Ukraine possesses a legitimate right to self-defense, as guaranteed by the UN Charter. This distinction is crucial when assessing the ongoing cyber conflict between Ukraine and Russia.”
The workshop addressed key issues surrounding the regulation of cyber operations during armed conflicts and their adherence to international norms. The objective was to foster a unified approach to the legal regulation of cyber operations that can be applied in wartime, ensuring compliance with humanitarian law principles while preparing recommendations for Ukraine’s position on the international stage.
Natalia Tkachuk, Head of the Information and Cybersecurity Service of the National Security and Defense Council of Ukraine and Secretary of the NCSCC, highlighted the significance of clear legal frameworks governing cyberspace. She stated, “In this war, we are defending our fundamental values: the rule of law, democracy, and human rights. We have demonstrated both to ourselves and the world that we are distinct from Russia. Therefore, understanding international humanitarian law and adhering to its principles—especially in the context of cyber operations—is imperative. Our ultimate goal is victory, and we must utilize all legal means to achieve it. At the same time, we must lay the groundwork for holding Russia accountable for war crimes, including those committed in cyberspace, while preserving our legal and moral superiority.”
The workshop covered a range of critical topics, including:
- The status of combatants in “cyber warfare”;
- Analysis of international precedents in applying international humanitarian law to cyber operations;
- Controversial aspects of IHL application in information and communication technologies (ICT);
- The concept of “loss of functionality” concerning the classification of cyberattacks as war crimes;
- Legal analyses of cyberattacks that have occurred during the Russian-Ukrainian conflict;
- Review and discussion of approaches outlined in the Tallinn Guidelines as they relate to IHL interpretation.
Attendees included representatives from government agencies, international experts, lawyers, and academics specializing in international law, cybersecurity, and military affairs. The outcomes of the event will inform further consultations at the international level and contribute to the development of specific recommendations to articulate Ukraine’s position effectively.
Background:
The meeting was organized by the NCSCC under NSDC and CRDF Global with the support of the U.S. Department of State and in cooperation with the Institute of Cyber Warfare Research (ICWR).
