Redefining Armed Conflict in the Age of AI and Cyber Warfare

With the arrival of artificial intelligence (AI) and cyber technologies, the character of warfare has changed significantly, requiring a reconsideration of what constitutes armed conflict in international law. Legacy legal structures that emerged from the kinetic and territorial constructs of the last century are poorly suited to digital provocations that reach beyond national boundaries or traditional levels of force. This article analyzes the transformation of armed conflict in the digital age, with a particular emphasis on AI-enabled weapons systems and cyber operations as novel forms of warfare. It examines the inadequacies of IHL, the challenges of attribution in algorithmic warfare and whether cyber operations that do not result in physical damage can amount to armed conflict. Based on doctrinal analysis, state practice and emerging norms - notably the Tallinn Manual - the article calls for a rehabilitation of armed conflict that would include algorithmic, informational and cognitive aspects of warfare. It ends by calling for the establishment of a “Digital Geneva Convention” and argues that putting ethical AI principles into IHL can help protect humanity in this era of autonomous and cyber warfare.