This article analyzes the challenges and complexities of applying international law to the emerging field of cyber warfare.
The author examines the architecture of cyberspace and its evolution from the Cold War to the present, highlighting the interwoven nature of civilian and military networks. The article then explores the application of international humanitarian law to cyber attacks, particularly examining the jus ad bellum and jus in bello frameworks.
It delves into the difficulty of defining “force” and “armed attack” in the context of cyber operations, as well as the challenges of attributing state responsibility for cyber attacks by state and non-state actors.
Finally, the author considers the jus in bello principles of military necessity, distinction, proportionality, perfidy, and neutrality in relation to cyber warfare, ultimately concluding that the existing international law framework, while not perfect, provides a useful starting point for regulating the use of cyber weapons.
