Cyber Warfare as a Use of Force against Third-Party Countries: The Perspective of International Law (original) (raw)
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There are evolutions in the concept of war and cyber warfare of a state is crucial for proper state self-determination. Accordingly, there is need for original rules to govern unique characteristics that accrue to these concepts. This paper explores the cyber operations in international law and aligns them to the concept of use of force which is provided for under Article 2(4) of the UN Charter, highlighting the effects accompanied with the concepts and the urgent need for a law to restrict them.
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Cyber warfare represents new kinds of weapons in the present era that have the potential to change the battlefields. The different nature of these types of weapons and their ability to create massive and widespread damage to critical infrastructure of a state, subject the traditional means of resort to force to change and is indicative of the importance that the international community must come to some consensus on the meaning of cyber warfare with in the existing jus ad bellum paradigm and legislate its governing rules, On the other hand, the inherent rights of victim states in self-defense must be supported and by detailed explanations of the governing rules for the method of attribution of responsibility to governments committing cyber-attacks, actions must be taken to prevent escape of these governments from the consequences of their illegal actions. In fact, in this article with an analytical method we will examine the issue of whether cyber attacks could be considered as an a...
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The issues of cyber-warfare and cyber-attacks have become problematic issues. These are very efficient and economical methods to attack any nation compared to conventional weapons. A country does not need fully trained army to wage a war these days. A country with the help of few computer engineers or hackers can attack other country and launch attacks. Such attacks could be devastating. Existing laws, such as IHL are not well equipped to handle the issue of cyber warfare. The cyber-attacks are already happening and there is every possibility that the number of cyber-attacks will increase in the near future. Computers and technology will only improve as time progresses, which is why the legal grey area of cyber warfare should be clarified in order to help nations understand and comply with international rules that will limit the potential harm that cyber weapons can have. Existing international conventions provide minimum regulatory framework to this phenomenon. It has therefore; be...
INTERNATIONAL LAW AND THE CYBER WARFARE
The toolkit of statecraft has many an item in it; war and its related concepts are but one tool in it. Over the centuries, the international law related to war has been divided into two distinct spheres: jus ad bellum (law of war) and jus in bello (law in war). The law of war deals with the justifications or reasons leading to war, whereas, the law in war deals with the conduct of the war. The practice of the two spheres is not as neat as the distinction. To this confusion of the practice, must we add, the emerging concept of the fifth-dimension warfare. The fifth-dimension warfare has many related concepts like information warfare, irregular warfare, cyber warfare, grey war etc. 'Fifth-dimension warfare' is preferred by the US military. It sounds more convincing for the following reasons:
International Law and Cyber-Warfare
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Today in the 21 st century the internet is the life and blood of the modern economy. Whatever the field is, it is fully dependent on cyberspace. In powerful countries like U.S.A, Russia, Germany, China the control of these cyber units if fully with the military agencies only. Many researchers in this field believes that, due the high dependence of Military services on internet the fifth dimension for global war is now opened, which is more dynamic and powerful. Banking, industry, infrastructure, and education all the modern facilities provided by the state to its citizen are to full extent dependent on cyberspace for better results.
International Cybersecurity Law Review, 2021
This is a review of two monographs on cyber operations and international law. Published in 2020, both books discuss state-sponsored cyber operations, legal frameworks with which they could be assessed, as well as legal tools to evaluate the reactions of targeted states. Regarding low-intensity cybersecurity incidents, the two books set up frames of reference very differently. Henning Lahmann's Unilateral Remedies to Cyber Operations almost exclusively focuses on the principle of nonintervention and sets it up narrowly. François Delerue's Cyber Operations and International Law proposes applying the same principle under less strict requirements, and also proposes using territorial sovereignty as an independent assessment tool. While the two books go on to examine more or less the same set of legal tools regarding the reactions of targeted states, because of the initial difference, they offer significantly different views on these tools. Nevertheless, the combined reading of the reviewed books confirms the current state of the debate on cyber operations and international law: despite the general acceptance that international law applies to cyber operations, shared understanding to make the law operational is still lacking.
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State-level intrusion in the cyberspace of another country seriously threatens a state's peace and security. Consequently many types of cyberspace intrusion are being referred to as cyber war with scant regard to the legal position under international law. This is but one of the challenges facing state-level cyber intrusion. The current rules of international law prohibit certain types of intrusion. However, international law does not define which intrusion fall within the prohibited category of intrusion nor when the threshold of intrusion is surpassed. International lawyers have to determine the type of intrusion and threshold on a case-by-case basis. The Tallinn Manual may serve as guideline in this assessment, but determination of the type of intrusion and attribution to a specific state is not easily established. The current rules of international law do not prohibit all intrusion which on statelevel may be highly invasive and destructive. Unrestrained cyber intrusion may result in cyberspace becoming a battle space in which state(s) with strong cyber abilities dominate cyberspace resulting in resentment and fear among other states. The latter may be prevented on an international level by involving all states on an equal and transparent manner in cyberspace governance.