The emergence of cyber espionage, as well as the ability to leak gathered sensitive information, ... more The emergence of cyber espionage, as well as the ability to leak gathered sensitive information, has exacerbated the complexity of determining the legality of espionage under international law. Cyber espionage, just like other cyber operations, offers a highly sophisticated, relatively inexpensive, and accessible medium to achieve certain informational, political, and operational goals. The indeterminacy of cyber espionage in international law has given rise to various arguments as to which international norms and principles are applicable to cyber espionage. Divergent positions, however, focus only on certain aspects of cyber espionage. For this reason, the scope of legal treatment of cyber espionage is limited and lacks context. The purpose of this article is to reject this dichotomous approach and propose a more nuanced framework for addressing cyber espionage in international law. Cyber operations should be analyzed on a continuum that triggers different norms depending on the context and consequences. The contextual † This article may be cited as approach focuses on the effects of a cyber operation and the context in which it occurs to determine the relevant set of norms applicable to it.
Cyber-attacks have become increasingly common and are an integral part of contemporary armed conf... more Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from direct attacks by the adversary, whereas combatants (or members of armed groups) and military objectives may become legitimate targets of direct attacks. Although civilians are generally protected from direct attacks, they can still become victims of an attack because they lose this protection " for such time as they take direct part in hostilities. "
The emergence of cyber espionage, as well as the ability to leak gathered sensitive information, ... more The emergence of cyber espionage, as well as the ability to leak gathered sensitive information, has exacerbated the complexity of determining the legality of espionage under international law. Cyber espionage, just like other cyber operations, offers a highly sophisticated, relatively inexpensive, and accessible medium to achieve certain informational, political, and operational goals. The indeterminacy of cyber espionage in international law has given rise to various arguments as to which international norms and principles are applicable to cyber espionage. Divergent positions, however, focus only on certain aspects of cyber espionage. For this reason, the scope of legal treatment of cyber espionage is limited and lacks context. The purpose of this article is to reject this dichotomous approach and propose a more nuanced framework for addressing cyber espionage in international law. Cyber operations should be analyzed on a continuum that triggers different norms depending on the context and consequences. The contextual † This article may be cited as approach focuses on the effects of a cyber operation and the context in which it occurs to determine the relevant set of norms applicable to it.
Cyber-attacks have become increasingly common and are an integral part of contemporary armed conf... more Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from direct attacks by the adversary, whereas combatants (or members of armed groups) and military objectives may become legitimate targets of direct attacks. Although civilians are generally protected from direct attacks, they can still become victims of an attack because they lose this protection " for such time as they take direct part in hostilities. "
Uploads