Cyber Occupation as a Mechanism of Wielding Power: The Legal Consequences of Russian Aggression on Ukraine

Russia's aggression against Ukraine has revealed a new reality of occupation of today. It is no longer just a matter of the physical presence of troops or classic administrative rule. Wielding power over the civilian population through ruthless control of communications, information and data is now playing an increasingly important role.

We deliberately refer to this phenomenon as "cyber occupation". As discussed in more detail in the paper "Cyber Occupation: Russian Information Control System in Occupied Ukrainian Territories", it is no longer just an element of information warfare but a functional component of the occupying power. Cyber tools are no longer just an instrument of propaganda but are becoming a mechanism of real, systemic subordination of the population, which is capable of replacing or significantly strengthening the classic administrative structures of the occupier. Putting cyber occupation in a legal perspective supports a clear-cut claim of a continuity between the act of aggression and its long-term consequences. Aggression does not stop when the enemy gets control of territory. It lasts as long as the aggressor exercises effective power over the population, intentionally violating its fundamental rights and depriving it of the protection provided by the law of the home state.

A New Definition of Effective Control

International humanitarian law traditionally defines occupation in terms of de facto control over territory and population. According to Article 42 of the 1907 Hague Regulations, territory is considered occupied when it is actually placed under the authority of a hostile army. However, the realities of armed conflicts nowadays show that effective control is achieved not only through physical patrols but also through information and technological dominance. Cyber occupation is a manifestation of this. Imposing single mandatory communication tools, blocking alternative media, taking over local channels and constantly monitoring people's digital activity are actions that give the occupier real, everyday power over the occupied population. From a legal perspective, such actions reinforce the premise of "effective control", making it difficult to challenge the status of occupation, even when the physical presence of troops is limited.

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