The Intersection of Cyberattacks and War Crimes: Russia’s Actions in Ukraine.

Cyberattacks on Ukrainian Infrastructure and Civilians as Part of War Crimes

Russia‘s cyberattacks against Ukrainian civilian and critical infrastructure have exposed the world to the harsh reality of when cyberattacks are part of warfare, and it’s uncertain whether the world is ready to treat them as war crimes. Cybersecurity experts believe that the International Criminal Court (ICC) in The Hague should classify cyberattacks against civilian and critical infrastructure as war crimes. The Ukraine State Service of Special Communication and Information Protection now has evidence of cyberattacks as part of Russia‘s “hybrid” warfare as a weapon in the Russian war machine. Illia Vitiuk, the head of the Department of Cyber and Information Security at Security Service of Ukraine, plans to hand over evidence to the ICC to classify cyberattacks as war crimes.

Cyberattacks in Hybrid Warfare

The Ukrainian conflict represents an example of “hybrid” warfare, with clear correlations prevalent between cyberattacks, kinetic attacks, and information attacks. Cyberattacks and missile attacks have targeted the energy sector since the invasion in addition to public authorities and local governments, which are crucial for civilian life. Even citizen’s personal data has been targeted by massive campaigns by the Russians, calling into question the ethics of data harvesting by state-sponsored actors. Between January and April, the Computer Emergency Response Team of Ukraine (CERT-UA) handled 701 incidents, where only 39 were targeted at the security and defense sector.

Treating Cyber Attacks as War Crimes

The State Service of Special Communication and Information Protection now has enough evidence to persuade the International Criminal Court (ICC) in The Hague to classify cyberattacks against civilian and critical infrastructure as war crimes. For effective action, Zhora demands proper mechanisms to punish such attacks. However, recognizing a particular country as a cyber terrorist who needs to be held accountable requires strong political will. The lack of awareness of the risks among national governments and international institutions fuels the risk of inaction on the matter.

International Policy Changes Required

Experts emphasize that rules and classifications must be adjusted appropriately when dealing with cyberwarfare in unprecedented times. Jessica Berlin, a foreign policy analyst, suggests in this regard that clinging to old rules won’t be able to resolve the current challenges we face.

Boosting Infrastructure Security at Home

Ukraine currently seeks to strengthen its cybersecurity legislation, requiring all public and private entities who own critical infrastructure to conduct security audits. They are also demanding that owners appoint security experts who will work with state agencies to respond to cyberattacks better. Legislation such as Bill No. 8087, currently undergoing a second reading in Parliament, seeks to enhance Ukraine‘s cybersecurity infrastructure. The knowledge Ukraine has gained regarding cybersecurity is shared with the partner countries in the cybersecurity community, who increasingly face their own set of challenges in this area, to promote a unified secure cyberspace.

Editorial and Advice

This situation highlights the significant gap between international legal frameworks and cybersecurity challenges. Cyberattacks against civilian infrastructure and citizens are inexcusable during conflict and go against the rules of international law. The digital world is becoming essential, and cybersecurity measures must continue to improve to defend against such attacks. Governments and international organizations must act quickly on this since cyberattacks, in hybrid warfare, are one component of a broader conflict that requires innovative solutions and collective awareness to curb them.