Managing Cyber Attacks in International Law, Business, and Relations

2014 ◽  
Author(s):  
Scott J. Shackelford
Keyword(s):  
International Law ◽  
Cyber Attacks

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

scholarly journals Cyber-Attacks and the Exploitable Imperfections of International Law

2016 ◽  
Vol 2 (1) ◽  
pp. 205-211
Author(s):  
Ivan Sang
Keyword(s):  
International Law ◽  
Cyber Attacks

scholarly journals The Challenge of Cyber Attacks in the “Information Age” and the Jus Ad Bellum

2019 ◽  
Vol 5 (2) ◽  
pp. 79
Author(s):  
Pshtiwan Mohammed Qader
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Information Age ◽  
Cyber Attacks ◽  
Armed Force ◽  
Critical Infrastructures ◽  
Cyber Attack ◽  
Armed Attack ◽  
Self Defense ◽  
The Right

The present paper examines the problem of cyber-attacks under existing international law. It takes the view that the (United Nations) UN Charter provisions on the use of force can be extended to cyber-attacks by means of interpretation although the relevant provisions do not explicitly address such issue. This Article argues that cyber-attacks resulting in material damage or destruction to property, death or injury to persons, or severe disruption of the functioning of critical infrastructures can be characterized as use of armed force and therefore violate the prohibition contained in article 2(4) of the Charter. However, cyber-attacks not resulting in the above consequences may be illegal intervention in the internal affairs of other states if such attacks are coercive in nature. In addition, the current study discusses that a cyber-attack which amounts to a use of armed force per se is not sufficient to give the victim state the right to self-defense, unless its scale and effects are equivalent to those of a conventional armed attack. Finally, the study concludes that an international cyber treaty is truly necessary to more effectively address cyber-attacks.

scholarly journals Cyberspace and International Order

2017 ◽  
Author(s):  
Madeline Carr
Keyword(s):  
International Relations ◽  
Technological Change ◽  
International Law ◽  
Cyber Security ◽  
Armed Conflict ◽  
Information Age ◽  
International Order ◽  
Cyber Attacks ◽  
Industrial Age ◽  
The World

When The Anarchical Society was published in 1977, the world was on the doorstep of seismic technological change. Forty years later, the information age has placed cyber security at the centre of many global political concerns including armed conflict and international law. The ongoing difficulties associated with accurately attributing cyber attacks introduce a new dimension of anarchy in international relations. This essay draws on Bull’s ideas about social interplay to explore the problem of attribution in cyberspace. It finds that the difficulties of identifying (even) state actors undermine some of the processes and institutions upon which Bull based his ideas. However, it also finds that Bull’s work is useful in unpicking exactly why attribution is so problematic for international relations. Ultimately, Bull’s expectation that actors will look for social solutions to maintain order appears to be holding up in the information age much as it did in the industrial age.

Cyber Attacks in International Law: From Atomic War to Computer War

2017 ◽  
Author(s):  
Asif Khan ◽  
Maseeh Ullah ◽  
Fazal Ur Rehman ◽  
Abdul Ghani
Keyword(s):  
International Law ◽  
Cyber Attacks

Lawful State Responses to Low-Level Cyber-Attacks

2015 ◽  
Vol 84 (2) ◽  
pp. 323-351 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Cyber Attacks ◽  
Low Level ◽  
Defensive Measures ◽  
State Responses ◽  
Self Defence

The article discusses the sources of international law that may justify a state to respond to harmful interferences in cyberspace that occur outside times of armed conflict and that are not sufficiently serious to merit a rersort to self-defence under the un Charter. The focus is primarily aimed at the more immediate measures a targeted state may adopt in order to bring on-going harmful cyber-activities to a halt. The article opens with a discussion of the application of the traditional principles of sovereignty to activities in cyberspace and subsequently analyses how the principles of countermeasures may be applied to various forms of harmful cyber-incidents that fall below the threshold for triggering a right to self-defence. The article also examines the extent to which a plea of necessity may be invoked in order to justify the use of immediate defensive measures against cyber-attacks that may have an effect on other states.

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