When we typically picture warfare, we think of military grade weaponry associated with large-scale collateral damage. When we hear the term cyberwarfare, we may think of computer viruses, technological jargon, and elusive hackers shutting down IT systems. Despite their differences cyberwarfare’s regulations in international law are far more closely related to traditional warfare than one might expect. This poses new challenges for International Humanitarian Law have left many legal scholars and policy makers questioning whether conventional rules regulating armed conflicts can actually be extrapolated to cyberspace.
The NATO Cooperative Cyber Defence Centre of Excellence stands behind this approach through drafting the Tallinn Manual 2.0. This document makes use of extensive legal theorising to prove how current international legal norms can be applied to cyberwarfare. For this reason the Tallinn Manual 2.0 intends to only describe the lex lata, the law as it exists, rather than acting as a binding document or treatise. Other nations, most notably Russia and China, have instead pushed for more regulations on cyber warfare as part of the Shanghai Cooperation Organisation in 2009 and the International Information Security Code of Conduct in September 2011.
But which approach is the right one? Do we work with the established international laws we have or do we need to create succinct laws?Continue reading “Regulating Cyber Warfare: Why International Law Might Need a Refresh”