A Cyberian Crossroad
This is the age of the digital battlefield. Theoretically everybody can attack anybody and anything, anytime and anywhere in the world. All you need is access to the Internet.
No more soldiers on bloody battlefields but virtual fighters in computer-programs
The Internet offers opportunities for good and bad purposes. Recent developments have shown their influence on the outcome of political events, as in Egypt, and their effects on the national security of nations, as in Estonia. It can help to further democracy and expel dictators, it can also provoke a war, when states retaliate, if attacked by cybermolest.
The law needs to adapt to cyber warfare.
Several authors have elaborated on various aspects of this theme. For instance:
- An e-SOS for Cyberspace attacks based on the SOS signal at sea might be helpful for the victims of cyber-attacks. A proposal for states to adopt a duty to assist victims of the most severe cyberthreats.
- An Internet War Crimes Tribunal to create positive international rules regulating Internet conduct.
- Cyber-attacks and the use of force
- A digital Geneva Convention.
If we do not succeed in regulating the Internet, network controllers will rule the world, and at the same time regulating the Internet might imply violation of a human right to Internet access. It is a matter of security versus liberty, a classical diabolical dilemma.
Peace Palace Library keywords:
Hollis, D.B., An e-SOS for Cyberspace, 52 (2011) Harvard International law Journal
Roscini, M., Wide Warfare – Jus ad Bellum and the Use of Cyber force, 14 Max Planck Year Book of United Nations Law (2010), forthcoming
Shackelford, S.J., From Nuclear War to Net War: Analogizing Cyber attacks in International Law, 27 (2009) Berkeley Journal of International Law 192-251
Stevens, S.R., Internet War Crimes Tribunals and Security in an Interconnected World, 18 Transnational Law and contemporary problems (2009), 657-720
Waxman, M.C., Cyber-attacks and the Use of Force : back to the Future of Art. 2(4), Forthcoming Yale Journal of International Law 2011