The Protection of Undersea Internet Cables during Armed Conflicts: An International Humanitarian Law Perspective

Abstract

The global digital communication system depends on undersea Internet cables for its strength. Most international Internet is carried through these cables, which are essential to the operation of banking, trade, healthcare, education, government and diplomatic communications. As digital connectivity grows or becomes more relied upon these cables have become critical infrastructure for national and international security. However, submarine cable networks have been shown to be vulnerable to rising geopolitical tensions, armed conflicts, sabotage and new cyber threats, especially in strategically important maritime regions such as the Strait of Hormuz. This study analyses the protection of undersea Internet cables during armed conflicts from the perspective of International Humanitarian Law (IHL). The study is doctrinal legal research, which will analyze relevant international legal instruments, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Geneva Conventions, Additional Protocol I, customary international law and the law of state responsibility. The study assesses the legal status of submarine cables and analyses the application of key IHL principles, such as distinction, proportionality, military necessity and precaution. The findings indicate that undersea Internet cables are typically protected as civilian objects, but legal uncertainty arises when they serve both civilian and military purposes. The study also highlights major deficiencies in current international legal arrangements with respect to accountability, protection standards and responses to contemporary threats to digital infrastructure. It finds that strong international legal protections, improved guidance and greater international cooperation are needed to protect the security, resilience and continued operation of the global submarine cable networks in armed conflict.