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National Security and Defense Council of Ukraine

HomeNewsOrganization of the National Security and Defense Council of Ukraine27.09.2024, 16:05

NCCC held a workshop on the application of international humanitarian law to cyber operations

202409274.jpegThe NCCC held a workshop on defining Ukraine's national position on the application of international humanitarian law to cyber operations. The event was organised by the National Coordination Centre for Cybersecurity under the National Security and Defence Council of Ukraine as part of the National Cybersecurity Cluster.

Opening the workshop, Deputy Secretary of the National Security and Defence Council of Ukraine Serhiy Demediuk stressed that Russia is an aggressor country that has launched an unprovoked and unjustified war against Ukraine, including in cyberspace.

202409271.jpeg‘Thus, all its attacks are a gross violation of the principles and norms of international law. Instead, Ukraine has a legitimate right to self-defence, which is guaranteed by the UN Charter. This is the key difference that must be kept in mind when making a legal assessment of the ongoing cyber war between Ukraine and russia,’ said Serhii Demediuk.

During the event, the participants discussed the main issues related to the regulation of cyber operations in the context of armed conflicts and their compliance with international norms.

The event was aimed at creating a unified approach to the legal regulation of cyber operations that can be used in wartime, ensuring compliance with the principles of humanitarian law, and preparing recommendations on Ukraine's position in the international arena.

Nataliia Tkachuk, Head of the Information and Cybersecurity Service of the National Security and Defence Council of Ukraine, Secretary of the NCCC, presented the general issues of applying international humanitarian law to cyber operations and stressed the importance of clear legal regulation in cyberspace:

‘In this war, we are defending our fundamental values - the rule of law, democracy and human rights. We have already proved to ourselves and the world that we have nothing in common with russia and are not like them. That is why it is important to have a deep understanding of international humanitarian law and to adhere to its principles, including its application to cyber operations. Our goal is victory, and we must use all legal means to achieve it. At the same time, we must create the conditions for bringing russia to justice for war crimes, including in cyberspace, while maintaining our legal and moral superiority.’

202409273.jpegDuring the workshop, a number of important topics were discussed, including:
● the status of combatants in ‘cyber warfare’
● analysis of international experience in applying international humanitarian law to cyber operations
● controversial issues of application of IHL to the field of information and communication technologies (ICT);
● the concept of ‘loss of functionality’ in the context of recognising cyberattacks as a war crime;
● legal analysis of cyberattacks that took place during the russian-Ukrainian war;
● review and discussion of the approaches enshrined in the Tallinn Guidelines in the context of interpreting IHL.

202409272.jpegThe event was attended by representatives of government agencies, international experts, lawyers, and academics specialising in international law, cybersecurity, and military affairs. Its results will be used for further consultations at the international level and the development of specific recommendations to shape Ukraine's position.

The event was supported by CRDF Global in Ukraine and the US Department of State. The Institute for Cyber Warfare Studies was a partner of the event.