EMPLOYABILITY OF CYBER OPERATIONS IN THE FRAMEWORK OF INTERNATIONAL LAW AND INTEGRATION OF THE LAWS OF COLLECTIVE SECURITY, USE OF FORCE, SELF DEFENCE AND ARMED CONFLICT
Yashika Nagpal
Amity Law School, Delhi (Affiliated to Guru Gobind Singh Indraprastha University), New Delhi, India
Download PDFAbstract
As a result of recent cyber-attacks, this article analyses how current laws of armed conflict might be used or changed to meet the new threats. An explanation of cyber assaults is followed by a look at cyber exploitation and cyber espionage as well as how they vary. According to the article, the current corpus of law regulates cyber-attacks such as the UN Charter, IHL, international treaties, and state laws. Existing law only tackles a tiny percentage of possible cyber-attacks, according to the study's findings. There are just a few cases in which a cyber attack may be equated to an armed conflict, and IHL provides a helpful foundation for them. A new international legal framework is needed to address the difficulties posed by cyber-attacks, according to the article's conclusion, because they are global in character.
Keywords:
Cyber; Operations; International Law; Force; Collective Security; Self-Defense; Armed Conflict
References
- Brownlie, I. (2012). International Law and the Use of Force by States (p. 362). Oxford: Oxford University Press.
- Dinstein, Y. (2002). Computer Network Attacks and Self Defense. In M. N. Schmitt, & B. T. O’Donnell (Eds.), Computer Network Attack and International Law (p. 99). International Law Series, Vol. 76, Newport, RI: Naval War College
- Gervais, M. (2012). Cyber-Attacks and the Laws of War. Berkeley Journal of International Law, 30, 525-531.
- Graham, D. E. (2010). Cyber Threats and the Law of War. Journal of National Security Law and Policy, 4, 89.
- Green, L. C. (2000). The Contemporary Law of Armed Conflict (2nd ed.). Manchester: Manchester University Press.
- Hathaway, O. A., & Croot of, R. (2012). The Law of Cyber Attack (p. 850). Faculty Scholarship Series, Paper 3852
- Jensen, E. (2002). Computer Attacks on Critical National Infrastructure: A Use of Force Invoking the Right of Self-Defense. Stanford Journal of International Law, 38, 207.
- Lin, H. (2010). Offensive Cyber Operations and the Use of Force. Journal of National Security Law & Policy, 4, 63.
- Madubuike-Ekwe, N. J. (2017). The Applicability of the Law of Armed Conflict to Cyber warfare: An Overview of Issues. I BUA L. J., 149.
- Moore, J. N. (2005). Development of International Law of Conflict Management. In J. N. Moore, & R. F. Turner (Eds.), National Security Law (2nd ed.). Durham, NC: Carolina Academic Press.
- National Research Council (NRC) (2009). Technology, Policy, Law and Ethics regarding U.S. Acquisition and Use of Cyber attack Capabilities
- Schmitt, M. N. (1999). Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework. Columbia Journal of Transnational Law, 37, 885-937
- Sklerov, M. J. (2009). Solving the Dilemma of State Responses to Cyber-Attacks: A Justification for the Use of Active Defenses against States Which Neglect Their Duty to Prevent. Military Law Review, 201, 1-85.
- Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations. Cambridge: Cambridge University Press (2017).
- Wedgewood, R. (2002). Proportionality, Cyberwar and the Law of War. In M. N. Schmitt, & B. T. O’Donnell (Eds.), Computer Network Attack and International Law (pp. 219, 227-230).
- Wingfield, T. (2000). The Law of Information Conflict: National Security Law in Cyberspace. Falls Church, VA: Aegis Research Corp
