Cyberspace as the fifth domain of warfare. A few words about selected issues in applying the principle of distinction during cyber actions

Bibliogr. w przypisach. Streszcz. ang. s. 39.

International humanitarian law (IHL) presently faces a number of complicated challenges. The issue of application of IHL to cyberwarfare is one of them. Cyberspace has become an inseparable aspect of modern societies including field of military operations. The main aim of the paper is to evaluate if IHL can provide sufficient framework for the protection of civilians in the realm of cyberspace. The author shows the difficulties of applying basic norms of IHL to means and methods of cyberwarfare, focusing especially on the principle of distinction. The paper emphasises that in spite of the fact that the principle of distinction is a core of IHL, character of cyberspace oft-times calls it into question. The salient point of the issue is that in the cyber realm military and civilian infrastructure are systemically interconnected and because of that infrastructure as a whole can be considered as a legitimate military target, which strongly impacts on the scope of the protection of civilians.