Cyber Security & Cyber Warfare: A Comparative Study Of The Principles Of International Law

Cyber Security & Cyber Warfare: A Comparative Study Of The Principles Of International Law In Cyberspace

Divyanshu Saxena, NALSAR University of Law, Hyderabad

ABSTRACT

The primary objective of the research study is to understand the conceptual distinction between the terms ‘Cyber Warfare’ and ‘Cyber Attacks’ by using the example of the recent breach of information attack that was targeted at the US Presidential Elections in the year 2016 to cause electoral disadvantage to the candidate of Democratic National Committee (DNC), Hillary Clinton. The secondary objective of the research study is to analyse the recent progressive legal and technological developments that have been incorporated in the principles of ‘International Law in Cyberspace’. The research study includes a comparison between the civil and military national doctrines of the nation-states to promote the development of adequate ‘Cyber Capabilities’ and ‘Cyber Defence Systems’. The critical aspects of the research elaborate upon the immediate necessity of the nation-states to develop progressive technological mechanisms to protect the military computers and systems during the instances of Cyber Warfare. The final objective of the research study is to suggest significant structural changes that are required to prevent the emerging threats of ‘Cyber Attacks’ and ‘Cyber Terrorism’ through mutual cooperation and uniform accommodation of the 2 major principles of International Law as adopted by the nation-states under the UN Charter and Geneva Conventions- ‘Jus in Bello’ and ‘Jus Ad Bellum’, that refer to ‘conducting war’ and ‘going to war’ respectively.

Keywords: ‘Cyber Attacks’, ‘Cyber Warfare’, ‘Cyber Capabilities’, ‘Cyber Defence Systems’, ‘International Law in Cyberspace’, ‘Jus In Bello’, ‘Jus Ad Bellum’