'The Rise of Non-State Actors in Cyberwarfare'

In: Jens David Ohlin, Kevin Govern, and Clair Finkelstein (eds), Cyber War: Law and Ethics for Virtual Conflicts, (Oxford University Press, 2015) p. 102-126.

23 Pages Posted: 14 Apr 2016

See all articles by Nicolò Bussolati

Nicolò Bussolati

University of Amsterdam - Amsterdam Center for International Law

Date Written: January 1, 2015

Abstract

This chapter focuses on the rise of non-state actors in cyberwarfare and its impact on international law. The first part considers how digital technologies stimulated an increasing role for non-state actors in the international system, accelerating the demise of the state as primary actor of international law. Moreover, through a taxonomical analysis of non-state actors operating in cyberspace, it examines their present and future role in cyberwarfare, their relationship with the states, and their peculiar structures and modi operandi. The second part evaluates the challenges to international law posed by the non-state actors' involvement in this new paradigm of warfare. It considers how their participation in cyberwar may be covered by the traditional corpus of norms regulating armed conflicts. Furthermore, it addresses issues related to the attribution of the act and the ability of the state to respond to cyber threats deriving from non-state actors under the law of self-defense.

Keywords: cyberwar, cyber warfare, cyberwarfare, cyber attacks, cyberweapons, non-state actors, hackers, international law, law of self-defense, state responsibility, cyberspace, cyberterrorism, international humanitarian law, cybercrime, anonymous

Suggested Citation

Bussolati, Nicolò, 'The Rise of Non-State Actors in Cyberwarfare' (January 1, 2015). In: Jens David Ohlin, Kevin Govern, and Clair Finkelstein (eds), Cyber War: Law and Ethics for Virtual Conflicts, (Oxford University Press, 2015) p. 102-126., Available at SSRN: https://ssrn.com/abstract=2764185

Nicolò Bussolati (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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