Os ciberataques no contexto das guerras virtuais: a aplicação do Direito Internacional Humanitário frente a essas condutas

Abstract

International Humanitarian Law safeguards, above all, the human dignity in contexts of war, in which various human rights are relativized. To this end, it established a series of principles with the aim of protecting non-combatants, and even combatants when out of combat. However, a new front has emerged with the advent and improvement of the internet: the cyber battlefield. This work seeks to understand the application of International Humanitarian Law in light of the current context of cyberattacks, encouraged or sponsored by States in a war effort. The research has a qualitative nature and exploratory purpose, in addition to using a methodology of bibliographic analysis. It is observed that virtual offensives occur, in particular, putting servers and internet providers offline, as well as through the appropriation of data and money. These attacks constitute constant disrespect for the principles established by the various international humanitarian treaties, specially causing the devaluation of the human dignity, contrary to the objective of the treaties in force, which is to value it instead. Bearing in mind the main negative consequences arising from this new context of confrontation, it can be seen that humanitarian norms are outdated, which have become more obscure with the creation of new technologies. In addition, when international legislation manages to demonstrate a clearer and more assertive understanding, several countries are not interested in aligning themselves with the protection of dignity and, as consequence, carry out attacks or tolerate them without reaching any limitation that they are submitted to. Therefore, in order to maximize the value of the human being and the basic life to which he is entitled, it is essential to update discussions, mainly through the United Nations, of new guidelines of International Humanitarian Law, in order to clarify what are the understandings, interpretations and possible applications in cases of cyber warfare. Furthermore, on the most uncontroversial issues, there is an urgent need to increase pressure – whether political or economic – so that indiscriminate cyberattacks cease, adapting them to the restrictions provided for by the international legal system in force.