Through a Glass Darkly: Targeting Cyber and Space Infrastructure in the Law of War

Authors

• Michael D. Minerva, United States Marine Corps

Abstract

As modern militaries become more capable in the cyber and space domains, much of the legal debate has focused on how to legally conduct cyber and space operations. While important, that discussion has largely overlooked the legal implications for the rapidly growing cyber and space infrastructure that exists in the physical domain—commercial satellites like Starlink filling the night skies and data centers like those popping up all over northern Virginia. Most of this infrastructure is commercially developed and privately owned—presumptively civilian in nature—and yet used by militaries all over the world.

The same way bridges form critical ground lines of communication subject to lawful attack under the Law of War, rapidly growing cyber and space infrastructure forms digital lines of communication that will become lawful military targets subject to attack. Kinetically targeting this infrastructure will have far-reaching distinction and proportionality implications that have largely been unaddressed despite perhaps being the simplest and most likely way states can affect the cyber and space domains. This Article takes a first step in assessing how the Law of War applies to this infrastructure and some of the targeting implications legal advisors and commanders must consider.

Recommended Citation

Michael D. Minerva, Through a Glass Darkly: Targeting Cyber and Space Infrastructure in the Law of War, 29 Chap. L. Rev. 153 (2026).
Available at: https://digitalcommons.chapman.edu/chapman-law-review/vol29/iss1/4