Computer network attacks under the jus ad bellum and the jus in bello : "armed"-effects and consequences
Elaine Korzak and James Gow
Routledge handbook of war, law and technology
New York : Routledge, 2019
This chapter explores the challenges that cyber warfare present to both bodies of law relating to warfare. Computer Network Attacks (CNA) – cyber warfare – present major challenges regarding both the jus in bello and the jus ad bellum – the two branches of international law concerned with warfare. CNA present fundamental questions for both of the bodies of law relating to war. The activities of numerous states and their efforts to incorporate computer network capabilities into their force structures in one way or another shows that CNAs are seen as weapons or forms of warfare. CNA conducted on their own without any accompanying traditional or physical force, then, challenge both international law and the notions of weapons and armed action on which prevailing interpretations of that law depend. Thus, CNA need to be assessed sui generis and cannot per se be categorised.