Cyberattacks are an increasingly common method of hostile action, but unfortunately, the international laws that govern these attacks are still in their infancy. While there have been some efforts to create international agreements on cyberwarfare, there has yet to be a consensus on how we should proceed. In this article, we'll explore what types of international laws apply to cyberattacks and how we can use them to protect ourselves against potential responses from other nations.
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Applicable International Laws to Cyber Attacks |
The Law of Armed Conflict
The Law of Armed Conflict is the set of laws that apply to the use of force in international affairs, and it consists of both treaties and customary laws. The term "law" is used here to mean a body of rules established by a government or other authority for regulating its citizens' behavior; for example, traffic laws are called "laws" because they are enforced by police and courts.
The Law of Armed Conflict encompasses three basic principles: distinction (distinguishing between combatants and non-combatants), proportionality (limiting harm caused by an action) and mitigation (minimizing potential harm).
The International Law of State Responsibility
State responsibility is a branch of international law, but it doesn’t have its own body of rules. Instead, it serves as a framework for how states should be held accountable for their actions. The most significant consequence of state responsibility is that a state can be held liable for damages caused by one of its acts or omissions (this includes cyber attacks).
The International Law Commission, who drafted the articles on Responsibility of States for Internationally Wrongful Acts (RISIWA) in 2001, defined an internationally wrongful act as “an act which constitutes a breach of an international obligation.” This means that if one country violates another country's sovereignty or territorial integrity—or any other internationally recognized right—then the injured nation can sue them under RISIWA. For example: suppose Country X creates an army and launches missiles into Country Y without warning; this would be considered an internationally wrongful act because it violates both countries' sovereignty and territorial integrity.
The International Law on State Sovereignty
The international law on state sovereignty (ILSS) is a body of rules that establishes the rights and obligations of states as they relate to each other. It provides a framework for the conduct of international relations and has been interpreted by some to allow military intervention in cases where one state has violated the territorial integrity or political independence of another.
The purpose of this article is to provide an overview of how ILSS applies to cyber attacks, with a focus on how it impacts international policymaking efforts and relations between states.
It's important to recognize where we stand with international law on cyberattacks to know how the international community is going to react and be able to prepare for it.
Cyberattacks are a new type of war. It's not just an act of war or a crime, but it can be one or both depending on what kind of damage was done and who did it. Some attacks could even be considered "hybrid attacks," which means they fall into two categories at once. For example, if someone used malware installed during some sort of military operation that also caused civilian damage afterwards, then that could count as both an act of war and a crime against humanity (or vice versa).
Conclusion
We hope that this article has given you a better understanding of international law and cyberattacks. While it's important to recognize where we stand with international law on cyberattacks, it's more important that we're prepared for what may come in the future.