Assessing the Effectiveness of International Humanitarian Law in Regulating Hacktivism in Cyber Warfare: A Case Study of Killnet

Abstract

This thesis assessed the efficacy of International Humanitarian Law (IHL) in regulating hacktivism within cyber warfare both internationally and domestically, specifically analysing the challenges posed by the pro-Russian group Killnet. The study posited that a dual failure in both domains allows groups like Killnet to operate in a significant regulatory void, accelerating humanitarian risks. Internationally, IHL's core challenge is the legal classification and attribution of Killnet's primary tactic, Distributed Denial of Service (DDoS) attacks against civilian critical infrastructure. The lack of physical injury or destruction from DDoS attacks makes it difficult to classify them as a regulated "attack" under international humanitarian law. Furthermore, Killnet’s Self-proclaimed independence, non-state nature and decentralized status severely complicates the establishment of State responsibility and control, creating a clear accountability gap under IHL. Domestically, the thesis highlighted the failure of many States including Zambia to adequately translate IHL obligations concerning non-state actors into domestic criminal law capable of prosecuting hacktivists for wartime activities. Hacktivists members operate from various global states, making the jurisdictional reach and counter-terrorism laws insufficient for effective enforcement. The case study of Killnet demonstrated a critical disconnect in line with international humanitarian law. Internationally, IHL struggles with legal definitions and attribution to the state while domestically, national laws lack the necessary mechanisms to consistently prosecute or suppress IHL violations by non-state cyber actors. The thesis concluded that a comprehensive, coordinated effort is required to bridge these international and domestic gaps, including clarifying IHL's application to non-kinetic effects and harmonising domestic legislation to criminalise and enforce the law against hacktivism during armed conflict.