Ethical Considerations for the Use of Cyber Effects in Urban Environments: Balancing National Security and Civil Liberties

By Major David Cummings

The article delves into the ethical complexities surrounding the use of cyber weapons and their effect in urban environments, aiming to balance national security imperatives with civil liberties. It is important to contextualise the issue, and so begins with examining the Integrated Review Refresh 2023 (IRR) and the evolving global landscape, marked by the increasing urbanisation of Future Operating Environments (FoE). Militaries now face the challenge of how they employ cyber capabilities effectively in urban settings while adhering to ethical considerations, especially concerning collateral damage and civilian well-being.

The article explores historical examples of cyber-attacks, such as Stuxnet, WannaCry, and the attack on ViaSat's satellite network, highlighting the unintended consequences, unprecedented scale and ethical dilemmas associated with such situations. It underscores the need for updated legal frameworks and international agreements to regulate cyber warfare effectively, given the inadequacy and ultimately, the ambiguity of existing legislation. The principles of distinction, proportionality, military necessity and humanity under the Law of Armed Conflict (LOAC) are all examined within the context of cyber operations, emphasising the importance of ethical conduct, specifically in military urban operations.

Furthermore, the article discusses various ethical theories and frameworks, such as Just War Theory (JWT), including that of Jus ad Bellum and Jus ad Bello, in relation to cyber warfare. It ultimately advocates for developing a new international cyber convention to comprehensively address the ethical implications of targeting data and information in cyberspace. Responsible security emerges as a guiding principle, necessitating the integration of ethical considerations into decision-making processes and training at all levels, concerning cyber weapons deployment, particularly in urban environments.

Overall, the article calls for a proactive approach to address the ethical challenges posed by cyber effects, emphasising the importance of developing new frameworks or building on existing ones, that prioritise responsible security and uphold ethical principles in modern warfare.

Link to full article.