International Legality of Cyberweapons

Abstract

This presentation will argue that the key to the seeming restraint in the use of cyberweapons lies in their unclear legal character. While the debate on the use of cyberweapons constituting an armed attack is far from closure, the 2017 US law on critical infrastructure protection as well as the EU NIS Directive put emphasis on cyberresilience rather than active defence. This is primarily due to the lack of legal certainty surrounding the use of those cyberweapons in defensive, preemptive or offensive capacity. The presentation will discuss the international law background behind cyberweapons and offer solutions rooted in traditional international law on state responsibility, international liability and due diligence.

Panel: Collective Security and Strategic (In)Stability in Cyberspace

All papers

EISS 2018 programme

@inproceedings{eiss-2018-international-legality-of-cyberweapons,
  author = {Joanna Kulesza},
  title = {International Legality of Cyberweapons},
  booktitle = {European Security Studies Conference 2018},
  year = {2018},
  url = {https://eiss-europa.com/papers/2018-international-legality-of-cyberweapons.html}
}