The regulation of cyber warfare under the jus ad bellum

Green, J. A. ORCID: https://orcid.org/0000-0001-6721-4490 (2015) The regulation of cyber warfare under the jus ad bellum. In: Green, J. A. ORCID: https://orcid.org/0000-0001-6721-4490 (ed.) Cyber warfare: a multidisciplinary analysis. Routledge, Abingdon, pp. 96-124. ISBN 9781138793071

Abstract/Summary

This chapter evaluates the potential for legal regulation of the resort to cyber warfare between states under the ‘jus ad bellum’ (the law on the use of force). Debate in the literature has largely concerned whether cyber warfare falls within the scope of Article 2(4) UNC. The first part of this chapter sets out this debate. It then goes on to argue that the ‘Article 2(4) debate’ often misses the fact that an act of cyber warfare can be considered a breach of a different legal rule: the principle of non-intervention. The chapter further considers some of the issues in applying either the prohibition of the use of force or the principle of non-intervention to cyber warfare, and then concludes by arguing that the debate should be reoriented to focus on another existing international legal obligation: the duty to prevent cyber-attacks.