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
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: Suggested Citation