Chapter

Regulating cyber operations through international law : in, out or against the box ?

Matthew Hoisington

Ethics and policies for cyber operations : a NATO Cooperative Cyber Defence Centre of Excellence initiative

[Cham] : Springer, 2017

p. 87-98

English

A great deal has been written about the international legal regulation of cyber operations with respect to the use of force (jus ad bellum), in situations of armed conflict (jus in bello) and during times of peace. International lawyers have offered their expertise on how and in what ways international law should respond to the challenges and opportunities raised. The approaches have generally, although not exclusively, fallen into two separate categories. Either the underlying issues presented by cyber operations can be addressed by existing rules and international legal structures, or cyber operations present something so fundamentally new that a whole new set of rules and structures is required. A third approach suggests that existing structures may in fact be up to the challenge of cyber operations, but that in order to be effective, the discipline must reject those parts of itself that are incompatible with this new subject matter—in effect, going against existing doctrine in an effort to address the regulatory demands presented. Which of these three approaches—“in,” “out” or “against” the box—is the right one? A critical examination of existing law, policy and practice in this area yields interesting, if not entirely satisfying, answers.

• Ethics and policies for cyber operations : a NATO Cooperative Cyber Defence Centre of Excellence initiative / Mariarosaria Taddeo, Ludovica Glorioso (eds.)