The era of cyber warfare : applying international humanitarian law to the 2008 Russian-Georgian cyber conflict
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Loyola of Los Angeles international and comparative law review, Vol. 32, no. 2, Spring 2010, p. 303-333
This article argues that existing IHL principles should be used to analyze the legality of cyber attacks. Part II of this article discusses the increasing use of cyber warfare in international conflict. Part III of this article explains that IHL principles apply whenever cyber attacks, ascribed to a state, are more than simply sporadic in nature and are intended to cause, or will foreseeably cause, injury, death, damage, or destruction. On the other hand, IHL most likely does not apply in the absence of those consequences. Part IV applies IHL principles to the 2008 Russian-Georgian cyber conflict. Given the complexities and novelties involved in this new kind of warfare, however. Part V further proposes that the international community and powerful states should seek to supplement existing IHL principles with more explicit and transparent policies that best correspond to modern Internet technology and address the ways in which this technology can legally be used to carry out cyber attacks.