At the same time, when cyber means are used in the context of a pre-existing armed conflict, as has been done in many current conflicts, there is no reason to deny the need for the protections that international humanitarian law provides. Most so far known cyberattacks have not been launched in the context of an armed conflict or met the threshold of armed conflict. "International humanitarian law only applies to cyber operations when such operations are part of, or amount to, an armed conflict. For example, a single cyber operation by a non-State group that disrupts, or damages critical infrastructure would normally not amount in and of itself to a non-international armed conflict and would therefore not be governed by IHL." Finland (2020) However, in practice, the required threshold of intensity is unlikely to be reached by cyber operations alone. In theory, such conflicts may be initiated by the use of cyber operations between these actors. A non-international armed conflict exists if there is ‘protracted armed violence between governmental authorities and organized armed groups or between such groups within a State’. Publicly available national positions that address this issue include: (2023), However, cyber operations alone will only rarely meet the requisite level of intensity to trigger a NIAC. These same criteria of intensity and organization apply in situations involving (or even limited to) cyber operations. Second, the non-State group must have some minimum level of organization, indicators of which may include the presence of a command or leadership structure, the ability to determine a unified military strategy and speak with one voice, the adherence to military discipline, as well as the capability to comply with IHL. First, the hostilities between the parties must reach a certain level of intensity, which may be indicated by, among other factors, the seriousness and frequency of attacks and military engagements, the extent of destruction, or the deployment of governmental armed forces. This definition rests on two factors-the intensity of the fighting and the organization of the non-State group. As set forth by the ICTY Appeals Chamber in the Tadić case, NIACs are situations of “protracted armed violence between governmental authorities and organized armed groups or between such groups within a State”. The law of non-international armed conflict (NIAC) applies to all armed conflicts not of an international character.
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