Abstract
This article examines how the existing law of armed conflict may be applied or adapted to meet the challenges posed by cyber-attacks. It begins with a definition of cyber-attacks, cyberexploitation and cyberespionage and their differences. The article discusses how cyber-attacks are regulated by the existing body of laws such as the United Nations Charter, International humanitarian Law (IHL), international treaties and domestic laws. It notes that the existing law addresses only a small fraction of potential cyber-attacks. IHL, for example, provides a useful framework for a very small number of cyber-attack that amounts to an armed attack or that take place within the context of armed conflict. The article concludes that, since cyber-attacks are global in nature, there is need for a new international legal framework to more effectively deal with the challenges posed by cyber-attacks.
Highlights
Most nations, developed nations are increasingly dependent on information and information technology for both civilian and military purposes
The article discusses how cyber-attacks are regulated by the existing body of laws such as the United Nations Charter, International humanitarian Law (IHL), international treaties and domestic laws
This article has examined to what extent cyber-attack can be regulated under the existing regime of the laws of armed conflict
Summary
Most nations developed nations are increasingly dependent on information and information technology for both civilian and military purposes This provides opportunities for adversaries to strike inexpensively, remotely, and effectively with little risk (Gervais, 2012). The aim of this article is to examine how the existing laws of armed conflict might be applied to cyber-attacks. In examining the existing laws, Part III discusses cyber-attacks in the context of jus ad bellum on when a state may legitimately use force as an instrument of dispute resolution. Part IV examines the relationship between traditional jus in bello principles and cyber-attacks employed in the context of armed conflicts. The focus of this article is on cyber warfare in the context of International armed conflicts as distinguished from non-International armed conflicts. Generally discuss the issue of cyber warfare in situations of non-international armed conflicts
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