Collective Cyber Defence – the EU and NATO Perspective on Cyber Attacks

Amsterdam Law School Research Paper No. 2021-37

Amsterdam Center for International Law No. 2021-13

18 Pages Posted: 14 Nov 2021

See all articles by Peter B.M.J. Pijpers

Peter B.M.J. Pijpers

University of Amsterdam - Amsterdam Center for International Law

J.F.R. Boddens Hosang

affiliation not provided to SSRN

P.A.L. Ducheine

University of Amsterdam - Amsterdam Center for International Law

Date Written: November 12, 2021

Abstract

Collective defence is the cornerstone of the NATO, in which the European partners rely heavily on the deterrence assets of the US. Changing US interests, international relations and context necessitate a stronger strategic autonomy of the European Union. Similar to NATO’s Article 5, the EU has a clause for mutual defence. But where NATO is confined to the military remit, the EU has all instruments of power at its disposal. One of the changes in the international context is the dawn of cyberspace, a man-made domain of communication, commerce, but also of conflict. Many activities in cyberspace fall below the threshold of the use of force and hence outside the classic military remit. Would this imply, given the attributes of cyberspace on the one hand and of the EU on the other hand, that the EU is better equipped to provide a security umbrella against modern cyber threats?

Keywords: collective defence, cyberspace, article 5, article 42(7), mutual defence clause, solidarity clause, nato, european union, cyber diplomacy toolbox

JEL Classification: K33, K40, F51, F52, N40

Suggested Citation

Pijpers, Peter and Boddens Hosang, J.F.R. and Ducheine, P.A.L., Collective Cyber Defence – the EU and NATO Perspective on Cyber Attacks (November 12, 2021). Amsterdam Law School Research Paper No. 2021-37, Amsterdam Center for International Law No. 2021-13, Available at SSRN: https://ssrn.com/abstract=3962163 or http://dx.doi.org/10.2139/ssrn.3962163

Peter Pijpers (Contact Author)

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://https://acil.uva.nl/staff/external-researchers/external-researchers.html

J.F.R. Boddens Hosang

affiliation not provided to SSRN

P.A.L. Ducheine

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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