The Principle of Distinction Between Civilian Objects and Military Objectives in the Context of the Development of Information and Communication Technologies in Armed Conflicts

The destruction of infrastructure in modern armed conflicts, whether civilian or military, has led to renewed of interest in the discussion on the distinction between civilian objects and military objectives in the current international instruments of international humanitarian law (IHL). On the one hand, in contemporary realities, the presence of heavy artillery is not an advantage without modern information and communication technologies (ICT), which determine the benefits of the parties to the conflict, in particular in the context of the concept of network-centric warfare, which implies a unified system of troop control, the effective use of satellites to identify the dislocation of enemy troops, etc. On the other hand, the information space has become a full-fledged battlefield, where information and cyber operations are conducted to reduce the enemy’s morale, create social tension, and paralyze the operation of critical information resources. The availability of advanced communication systems, the Internet, and satellite data is an undoubted advantage in modern warfare, which complicates the concepts of distinction between civilian objects and military objectives, especially when the same object can serve both civilian and military purposes. The purpose of this article is to analyze the complexities that have arisen in the definition of a civilian object in the context of the development of ICTs due to their dual use for both civilian and military purposes in relation to modern conflicts. As a result of the study, the authors conclude that the definitions of civilian objects, as outlined in IHL, become more complex in the context of the development of ICT given its dual purpose. The authors assume that despite the protective measures afforded by contemporary international law with regard to civilian objects, the development of ICTs “erodes” the criteria for their definition in modern armed conflicts.