Malika Garg, Ramaiah College of Law, Bangalore
ABSTRACT
Cyber warfare poses unique challenges and complexities in the context of international law. As stated by Stahl in "The Uncharted Waters of Cyberspace: Applying the Principles of International Maritime Law to the Problem of Cybersecurity," there is a need to apply the principles of existing international legal frameworks, such as maritime law, to address the issues surrounding cybersecurity in cyberspace (Roche, 2019). However, the application of maritime law to cyber warfare is not without its challenges. For one, the nature of cyberspace is vastly different from that of the physical maritime domain.
Cyberspace is fluid, borderless, and lacks clear jurisdiction. This presents challenges in terms of defining and attributing cyber attacks, as well as determining the appropriate response and accountability (Roche, 2019). Furthermore, the use of cyber attacks in military competition introduces complexities in terms of the rules and laws that govern such actions. In order to effectively address cyber warfare within the framework of international law, it is crucial to develop new legal and policy frameworks that are specifically tailored to the unique characteristics of cyberspace (Moșoiu et al., 2020). These frameworks should address issues such as defining cyber attacks and their attribution, establishing rules of engagement, and outlining responses and consequences for cyber warfare actions. Additionally, international cooperation and collaboration are essential in this context. International cooperation and collaboration are crucial in addressing the challenges posed by cyber warfare within the framework of international law (Choucri & Goldsmith, 2012). These efforts can include the development of voluntary norms of state behavior, as mentioned in one of the sources, that can eventually become binding international law. Civil society, including academics, also play a significant role in influencing the development of cyber stability norms and ensuring that these norms align with principles of human rights and protect the security of nations and individuals in cyberspace (Choucri, 2014). In conclusion, addressing the challenges of cyber warfare within the context of international law requires a multi-faceted approach that takes into account the unique characteristics of cyberspace, develops new legal and policy frameworks specific to cyber warfare, promotes international cooperation and collaboration, and ensures the involvement of civil society in shaping cyber stability norms. In conclusion, the challenges of cyber warfare within the context of international law require the development of new legal and policy frameworks that are tailored to the unique characteristics of cyberspace. Additionally, international cooperation and collaboration are crucial in addressing these challenges and developing voluntary norms of state behavior that can eventually become binding international law.
Keywords: Cyber warfare, cyberspace, cyberattacks, international law, legal framework.
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