THE EVOLVING CONCEPT OF WAR AND ITS IMPACT ON INTERNATIONAL HUMANITARIAN LAW

Abstract

The notion of war has evolved significantly since the 9/11 terrorist attacks, which were labeled as an “act of war” and led to the declaration of a “war on terror” by US President George W. Bush. This shift has blurred the lines between traditional and contemporary forms of warfare, extending the term to include various struggles such as the “war on drugs.” Modern armed conflicts no longer resemble historical battles between state armies on defined battlefields. This is exemplified in the recent Russo-Ukrainian War as well as the Israel–Hamas war. Instead, contemporary warfare often involves asymmetric conflicts, where parties with differing legal statuses and military resources engage in irregular combat. Such conflicts result in increased civilian casualties and challenge the foundational principles of International Humanitarian Law (IHL). This research explores the erosion of IHL principles due to the ambiguous status of combatants and targets in modern warfare. It underscores the importance of understanding the law of armed conflict and the law of war, which are integral to IHL, encompassing us ad Bellum and jus in Bello. The study traces the history of IHL, examining its cultural and temporal evolution. It also addresses the rise of cyber warfare, detailing how the internet and computers have become tools of war. The work highlights the major actors in cyberspace, identifying both potential threats and victims of cyber-attacks. Finally, it explores the nexus between IHL and cyber warfare, emphasizing the need for IHL to adapt to new forms of conflict.