Cyber-Attacks and International Law of Armed Conflicts: A 'Jus Ad Bellum' Perspective

Journal of International Commercial Law and Technology, Vol.8 No.3 (July, 2013), pp. 179-189

Milton Campos, 2014, v. 27

11 Pages Posted: 20 Oct 2011 Last revised: 16 Dec 2022

Date Written: October 19, 2011

Abstract

The research highlights legal problems related to cyber warfare from the point of view of 'jus ad Bellum (dispositions regarding the justification for entering a war).

No international instrument covers cyber tools yet. Therefore, analogies with existing global solutions are primarily employed. Finally, we illustrate the main developments with relevant examples from the central 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 the 'armed attack' under Article 51 of the United Nations Charter (conditions for legitimate self-defence).

The qualification of a cyber attack as an 'armed force' or as an 'armed attack' is based on a criteria threshold developed by Pr Schmitt. Other developments analyze the capacity of present international law concepts (direct and indirect armed attack, identification of the aggressor state, pertinence of preemptive or interceptive self-defence vis-à-vis a cyber-armed attack, etc.) to reveal the cyber warfare structure and challenges.

The conclusion underlines the evolution of cyber attacks in the real world. No State is willing to escalate cyber attacks so that the magnitude of destruction would qualify them as cyber warfare and trigger an armed conflict or a total blown war. Instead, the States prefer to act unnoticed; therefore, today's cyber attacks are just new developments in espionage or covered operations.

Keywords: cyber attack, jus ad bellum, armed attack, self-defence, Schmitt analysis

Suggested Citation

Titiriga, Remus, Cyber-Attacks and International Law of Armed Conflicts: A 'Jus Ad Bellum' Perspective (October 19, 2011). Journal of International Commercial Law and Technology, Vol.8 No.3 (July, 2013), pp. 179-189, Milton Campos, 2014, v. 27 , Available at SSRN: https://ssrn.com/abstract=1946470 or http://dx.doi.org/10.2139/ssrn.1946470

Remus Titiriga (Contact Author)

INHA University ( email )

100 Inharo, Nam-gu
Incheon, 402-751
Korea, Republic of (South Korea)

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