ENGLISH: Combatant Status in Cyber Warfare: An Appraisal of the Relevant Rules under International Humanitarian Law and Islamic Law

Abstract

The advent of cyber warfare has fundamentally challenged the traditional legal framework governing the distinction between combatants and non-combatants under International Humanitarian Law (IHL). This article examines as to how combatant status can be determined in cyber warfare, addressing critical questions of attribution, direct participation in hostilities, and the classification of cyber operators, proxy actors, and autonomous systems. It further explores these issues from the perspective of Islamic law, analysing classical juristic principles of direct action (mubāsharah), causation (tasabbub), and the functional criteria for combatant status. The article concludes that both IHL and Islamic law prioritize actual participation in hostilities over formal status or demographic characteristics. In cyber warfare, individuals whose actions directly and decisively affect military operations, such as cyber attackers, strategic advisors, and system designers engaged in active hostilities, may be classified as combatants or lawful targets, while those providing indirect support retain protected status. The findings underscore the need for revised legal frameworks that address the unique challenges of cyber operations while remaining grounded in established humanitarian and ethical principles.