This article, published in the Journal of Law & Cyber Warfare, examines the state of international law governing cyber operations, particularly those involving state actors.
The author, James McGhee, critiques the existing framework, the “Schmitt Analysis,” which was designed to determine if cyber incidents constituted a “use of force” or “armed attack” under international law. McGhee argues that the Schmitt Analysis is outdated and inadequate to address the complex nature of modern cyber threats. He also evaluates the Tallinn Manual, a recent attempt to codify customary international law for cyber operations, concluding that it fails to provide concrete, actionable guidance.
Ultimately, McGhee asserts that the United States needs to develop a clear, coherent cyber policy that aligns with international law and addresses the nuances of contemporary cyber conflict.
