Cyber Operations and the Use of Force in
International Law
The internet has changed the rules of many
industries, and war is no exception. But can a computer virus be classed as an
act of war? Does a Denial of Service attack count as an armed attack? And does
a state have a right to self-defence when cyber attacked? With the range and
sophistication of cyber attacks against states showing a dramatic increase in
recent times, this book investigates the traditional concepts of 'use of
force', 'armed attack', and 'armed conflict' and asks whether existing laws
created for analogue technologies can be applied to new digital developments.
The book provides a comprehensive analysis of primary documents and surrounding
literature, to investigate whether and how existing rules on the use of force
in international law apply to a relatively new phenomenon such as cyberspace
operations. It assesses the rules of jus ad bellum and jus in bello, whether
based on treaty or custom, and analyses why each rule applies or does not apply
to cyber operations. Those rules which can be seen to apply are then discussed
in the context of each specific type of cyber operation. The book addresses the
key questions of whether a cyber operation amounts to the use of force and, if
so, whether the victim state can exercise its right of self-defence; whether
cyber operations trigger the application of international humanitarian law when
they are not accompanied by traditional hostilities; what rules must be
followed in the conduct of cyber hostilities; how neutrality is affected by
cyber operations; whether those conducting cyber operations are combatants,
civilians, or civilians taking direct part in hostilities. The book is
essential reading for everyone wanting a better understanding of how
international law regulates cyber combat.
