Application of the principle of distinction to the cyber domain

Abstract

Technological advances and the increasing digitalization of armed conflicts have brought new challenges for the application of International Humanitarian Law. In this sense, this dissertation addresses the interpretation and application of the principle of distinction in the cyber domain, analyzing its application in light of the particularities of this context, as well as the issues arising from it. Specifically, it examines its application regarding the differentiation between civilians and combatants, as well as between objects and military targets. Furthermore, it also explores the contemporary example of the Ukrainian IT Army and discuss the attribution of responsibility to States in the context of cyberconflicts. Finally, it concludes that, even though the existing rules are applicable to the cyber context, further development is needed to guarantee the effectiveness of International Humanitarian Law, namely the principle of distinction – considering the difficulty of transposing and applying the rules from a kinetic to a cyber environment.

Date of Award	17 Jul 2025
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Isabel Tavares (Supervisor)