Cyberattack and the Use of Force in International Law

Abstract

This article examines how the existing law of armed conflict may be applied or adapted to meet the challenges posed by cyber-attacks. It begins with a definition of cyber-attacks, cyberexploitation and cyberespionage and their differences. The article discusses how cyber-attacks are regulated by the existing body of laws such as the United Nations Charter, International humanitarian Law (IHL), international treaties and domestic laws. It notes that the existing law addresses only a small fraction of potential cyber-attacks. IHL, for example, provides a useful framework for a very small number of cyber-attack that amounts to an armed attack or that take place within the context of armed conflict. The article concludes that, since cyber-attacks are global in nature, there is need for a new international legal framework to more effectively deal with the challenges posed by cyber-attacks.