The law of cyber warfare: quo vadis?

Schmitt, M. N. ORCID: https://orcid.org/0000-0002-7373-9557 (2014) The law of cyber warfare: quo vadis? Stanford Law and Policy Review, 25 (2). pp. 269-299.

Abstract/Summary

Where is the law of cyberware going? This Article offers thoughts on the process of normative evolution and identifies certain aspects of the law of sovereignty, the jus ad bellum, and the jus in bello which will have to acclimate to the growing threat cyberterrorists, cyberspies, cyberthieves, cyberwarriors, cyber hacktivists, and malicious hackers pose. For each, the Article describes current law and indicates the probable vector of any change. Knowing where such fault lines lie should prove useful as states craft national cyberspace policies and issue rules of engagement, international organizations launch projects designed to achieve normative compatability in cyberspace, and scholars explore the theoretical foundation for the future law of cyber warfare.