Cyber-attacks and international law of armed conflicts: a "jus ad bellum" perspective
Host item entries:
Journal of international commercial law and technology, Vol. 8, no. 3, 2013, p. 179-189
Photocopies. - Source : https://media.neliti.com/media/publications/28802-EN-cyber-attacks-and-international-law-of-armed-conflicts-a-jus-ad-bellum-perspecti.pdf (last accessed on 11.06.2020)
This article highlights legal problems of cyber attacks from a ‘jus ad bellum’ perspective (international dispositions regarding the justification for entering a war). Since no international instrument whatsoever cover the cyber attacks the analogies with current international solutions are largely employed. We illustrate also the developments with relevant examples taken from main powers’ doctrine and practice (US, Russia and China). The starting points are the provisions regarding the use of (armed)"force" under Article 2(4) and “armed attack” under Article 51 of United Nations Charter. The qualification of a cyber attack as use of “armed force” or “armed attack” is based a multi criteria threshold developed by Schmitt. Other developments focus the capacity of present International law concepts (direct and indirect armed attack, identification of the aggressor state, pertinence of pre-emptive or interceptive self defense vis-à-vis cyber ‘armed attack’, etc.) to answer cyber warfare’s structures and challenges.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more