Conflitto in Ucraina, orsi fantasioni e programmi malevoli

From late 2014 and through 2016 a malware created by the Russian hackers group Fancy Bear was covertly distributed within an Android application developed by an Ukrainian artillery officer. The original application enabled Ukrainian artillery forces more rapidly to process targeting data for the D-30 Howitzer reducing targeting time from minutes to under 15 seconds. Successful deployment of the Fancy Bear malware within this application facilitated the localization of Ukrainian troops by Russian forces during the Eastern Ukraine conflict, enabling them to target and destroy Ukrainian artillery pieces. Given that in Eastern Ukraine an internal conflict broke out, which later developed in an international one, and that the link between the hacker group and the Russian military forces has been confirmed, the question arises, firstly, whether the introduction of this malware in the Ukrainian application can be considered an attack and, if so, which kind of attack; secondly, to establish the legal status of the hacker group. The status of the components of Fancy Bear can vary according to the nature of the conflict and of the links with the Russian military command, ranging from legitimate belligerents belonging to the Russian military forces to persons belonging to an organized armed group. In an internal conflict, the notion of direct participation in hostilities would be relevant.