Cyber Warfare and International Law
Posted: January 4th, 2023
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Cyber Warfare and International Law
Crime and war have always taken place in the physical world, but the transition of conflicts to electronic platforms has brought about new complications that were not known in the physical world. The report explores how cyber warfare is increasingly becoming an international threat with more nations fearing that they may become victims of a cyber attack that would affect important infrastructures. Many countries have structures and policies to counter cyber warfare because of the growing indulgence with cyberspace, but the report shows how it is important to rely on the international law, such as the United Nations Charter that provides eminent directives. Countries should align their strategies to combat cyber warfare with the principles of the UN Charter to achieve more peaceful coexistence, protect international rights, and to create a scenario where countries do not attack each other via online systems.
Describing Cyber Warfare
Cyber warfare refers to the utilization of technology to attack other countries, causing similar effects to that of real war. So much debate still continues among various groups and experts regarding the meaning of cyber warfare, and whether such type of conflict really exists (Robinson, Jones and Janicke 71). Cyber warfare could tamper with the operations of air defense through the use of computers to carry out an air attack (Robinson, Jones and Janicke 70). The attack could be in the form of espionage where a secretive group or body spies on another with the motive of acquiring particular information. Sabotage is another form of cyber warfare, which entails compromising vulnerable systems and could result in disruption of the entire system or equipment. Sabotage, for example, could tamper with military systems that are in charge of issuing commands and facilitating communication.
Governments are increasingly acknowledging that modern societies are so dependent on computer systems to perform their operations ranging from transportation to financial operations. Various countries are strengthening laws on cyber warfare to avoid such attacks that can be initiated from a considerable distance. Such laws and policies aim at protecting major institutions such as government institutions, banks, and multinational corporations. India, for example, formed the Indian Computer Emergency Response Team in 2004 to prevent cyber warfare in the country. Qatar, through the Minister of Information and Communications Technology that now operates as the Ministry of Transport and Communications, continues to develop policies to secure the country’s cyberspace and to increase security efforts to tackle cyber-related threats at the global level. The Prime Minister formed the National Cyber Security Committee in 2013 to look into possible threats and develop suggestions for mitigation. The Ministry had championed the establishment of the Qatar Computer Emergency Response Team in 2005 when it partnered with a U.S.-based university (Carnegie Mellon University). Dr. Hessa Al-Jaber, the Minister of Information and Communications Technology in Qatar, steered the formation of the National Cyber Security Strategy to protect the country’s critical information and communication technology (ICT) infrastructure, react to and recover from cyber threats and attacks, and to create a suitable legal structure and guidelines to form a secure and reliable cyberspace (Qatar National Cyber Security Strategy 1). Many other countries all over the world are continually developing regulations and frameworks that counter cyber attacks with the common objective of cultivating a culture of cyber safety that encourages secure and suitable utilization of cyberspace, and enhancing their national cyber security competencies.
The world has experienced several instances of cyber warfare in the recent past, which show such attacks are real and could happen without much care and preventive measures. The Director of the Government Communications Headquarters (Iain Lobban) drew national attention when he announced in 2010 that the UK was at a considerable risk of cyber warfare by hostile countries. The Titan Rain is another example of large scale cyber warfare to have occurred in the recent past. The attack comprised of a series of cyber activities that tampered with several state agencies within the UK and the U.S. governments (Cyber Operations Tracker). Chinese state actors are suspected for violating the confidential systems and networks of UK’s foreign and defense ministries and of the United States Department of State, Department of Energy, and Homeland Security. The espionage was made public in 2005 but U.S officials said that the practice must have started in 2003 (Cyber Operations Tracker). Investigators in the UK reported that the violation persisted as late as mid-2007. The first attempt of state-orchestrated cyber warfare from the Chinese that became public instigated a decade-long attempt by the American government to lower the scope and magnitude of China’s cyber activities against American targets. The Qatari government suspected a case of warfare when experts linked an attack against the Qatar News Agency to the United States Emirates (UAE) (Younes). The Ministry of Interior on Qatar while working with a team of FBI officers from the U.S. discovered that the attacks that commenced in April 2017 was organized well and the UAE government must have played a role in propagating the cyber warfare (Younes). The main motive of the attack was to create and post untrue reports, which were aimed at tarnishing the Emir’s reputation (Younes). Such occurrences indicate that cyber warfare is a global phenomenon that warrants the attention of all countries to develop more effective regulations and policies towards preventing more destruction and threat.
International Law
International law refers to the set of rules and regulations that govern the practices of sovereign states in their interaction with others. International law establishes frameworks to guide countries across a wide range of areas, including human rights, war, trade, and foreign relations (United Nations). International law thus offers an avenue for countries to indulge in more organized, consistent, and stable international relations. Often the sources of international law include the rulings of lower and national courts, scholarly publications, extensively acknowledged principles of law, international customs, and treaties (United Nations). The sources act as the procedures and materials out of which the standards and regulations guiding the international community are formulated. Article 38 of the Statute of the International Court of Justice (ICJ) is presently widely accepted as an important source of international law (United Nations). The Statute requires courts to make judgment based the reports of international customs, international conventions, the universal doctrines of law accepted by civilized states, and based on the guidelines of Article 59, the instructions and judicial rulings of the highly renowned publicists of the various countries, as alternative ways for defining and application of the rules of law (United Nations). The United Nations Charter is an example of an international treaty of the United Nations that articulates the dedication to protect and uphold the human rights of all citizens, and outlines a wide set of guidelines related to attaining higher quality of living (United Nations). The requirements of the UN Charter triumph over the terms and conditions of any treaty and international custom pursuant to the provisions of Article 103. The essence of the UN Charter in shaping international law makes it a vital framework for curbing cyber warfare.
The Principles of the UN
Peaceful interactions and coexistence should be viewed as a set of principles or guidelines of international law, and not merely as a description of modern international relations, but as something declared to be the foundation for contemporary universal law and indeed the most crucial aspect within it. Chapter I of the UN Charter outlines the principles and purposes of the UN. The principles of the UN stated in Chapter I, Article 1 of the UN Charter offer valuable guidance that could help to encourage peaceful coexistence, safeguard inviolability of international rights, and promote non-infringement between countries via online systems or physical attacks (United Nations). Principle 1 advocates for sovereign equality between all members, which insinuates that no one should intimidate the other through any means, including online platforms. The principle plays a crucial role in fostering peaceful coexistence between states, which may lower the possibilities of cyber attacks and warfare. Principle 2 further advocates for peaceful coexistence in the way it urges Member States to strive towards achieving their obligations in good faith (United Nations). Principle 3 promotes inviolability of international rights and non-infringement between states by calling on all Members to settle their international misunderstandings by peaceful approaches in such a way that global justice, security, and peace are not breached (United Nations). Settling disputes peacefully could prevent attacks through online platforms, and warring sides may find alternative ways of settling the disputes.
Principles 4, 5, and 6 if the UN Charter are equally essential in fostering equal coexistence and finding effective remedies to conflicts that could affect relationship with other states. Principle four promotes peace, safeguards international rights, and discourages conflicts by directing all Members to refrain from the use of force or threats against the sovereignty and territorial boundaries of any country, or in other ways that contravene the requirements of the United Nations (United Nations). Refraining from threats could prevent the use of electronic and online systems to attack others, thereby promoting peace. Principle 5 may help to prevent violations in the way it encourages Members to support the UN in punishing violators same to Principle 6, which urges non-Members to adhere to the regulations to build international peace and security (United Nations). Countries should rely on the principles of the UN Charter while developing mechanisms to curb cyber warfare to achieve successful outcome in promoting peace and preventing conflicts.
The Internet
The internet has linked people across the globe in ways that were not imaginable nearly a decade ago. The growth of the internet has eradicated communication hurdles and promotes cooperation in every area touching on professional and personal issues. Cyberspace is now an integral part of the society, fostering economic advancement and innovation and building lives in significant ways, and will continue to widen and create even more opportunities in the coming years (Qatar National Cyber Security Strategy 1). Globally there have been a number of researches on internet usage and most of them show that internet use is prevalent among more educated people and the younger persons. The paper by Deniz and Geyik (896), for example, presents the findings of a study of students of the Istanbul University in Turkey whose objective was to assess the internet utilization behavior of the study population. The survey finds that the use of the internet by young people has escalated dramatically in the recent past, and surfing the internet has become a significant aspect of the students’ general life (Deniz and Geyik 899). However, with the great transformations come new risks to the structures that make it possible for people to utilize the internet effectively and without any threats. Cyberspace with its infinite nature, offers those who would cause threat with so much opportunity to interrupt with governments, businesses, and individuals (Deniz and Geyik 896). Since the September 11, 2001 terrorist attack on the U.S., many nations have increasingly shifted their attention on the monitoring of the internet in tackling cyber crime and terrorism. The emergence of unregulated use of the internet yet so many people, institutions, and governments rely on cyberspace for their daily increase the threats of cyber warfare.
Effects of Increased Interaction with Cyberspace
The growth of the internet creates a situation where people rely on cyberspace to perform their daily activities, but it is the increased involvement with online activities that makes the threat of cyber attacks more imminent. Deniz and Geyik (895) find that the use of information and communication technologies (ICTs) has expanded rapidly in the last decade across the globe. The growing numbers of people owning smartphones, laptops, and personal computers, and easy reach to the internet have transformed the lives of so many people. Increased indulgence with electronic devices is increasingly influencing people’s behaviors, habits, and ideas. Today, many people and businesses use social media platforms to communicate and do business, and some social media channels such as Facebook and Twitter play crucial interactive roles in the political field. Unfortunately, it is the increased indulgence with electronic devices and cyberspace that elevates the possibilities of cyber threats and attacks at the national level.
Effects of Cyber Warfare
Effects on National Infrastructure
The national infrastructures are at risk during cyber warfare, which could lead to devastating financial repercussions. The country highly depends on its national infrastructure, which include the sites, networks, systems, and people responsible for appropriate functioning of the country. Some of the key national infrastructures that are at risk during cyber warfare energy equipment, transport and water facilities, health resources such as hospitals and health research institutions, and communication equipment such satellites and servers. Transportation of goods may fail as a result of cyber warfare, and ultimately the economy collapses.
Effects on Public Information
The parties bestowed with the responsibility of preventing the country against cyber warfare should work harder to mitigate possible threats because successful attacks could tamper with public information systems and infrastructures. The public information systems available for use by the public in both the private and public sectors such as social media, telephone networks, and other electronic forms of communication are at considerable threat during cyber war and interaction between individuals and corporations may fail to achieve the desired communication outcome. The state should be vigilant to avoid possible attacks to safeguard the country’s communication systems.
Destabilization of Social Wellbeing
National attacks through computer systems affect social wellbeing and the public’s welfare could deteriorate if the relevant parties do not respond in real time. Disrupting social wellbeing because of cyber warfare could result in a situation where it is difficult to meet the basic human requirements and people are not able to coexist peacefully in the society and hardly get opportunities for growth and advancement. Conflict, including cyber warfare, may cause humanitarian crises and put terrific harm on people (Section 10). Such crises that could affect social wellbeing include severe shelter, food, and water inadequacies, massive displacements, and inadequate health services among other fundamental provisions (Section 10). The groups tasked with the duty of preventing cyber warfare should not relent in their activities to avoid destabilizing social wellbeing.
Effects on State Security
Cyber warfare puts the national security at risk and delayed intervention could create panic and anxiety among the citizens. Cases of failure of military equipment and systems, violations of national security secrets, and electrical power cuts that are likely to occur following a cyber attack may tamper with national security, and the country may be less effective in the way it responds to further infringement. Cyber warfare affects state security because businesses may collapse, and the individuals and household income may depreciate. The state agencies charged with the tasks of preventing possible attacks should not relent in their practices to prevent contravening the quality of state security.
Application of Proper Legislations and Policies
The possible severe effects of cyber warfare call for the application of suitable legislations and policies that would evade more problems and some regions such as the U.S. are already forming effective regulations to prevent possible cyber attacks. The California Consumer Privacy Act (CCPA) is an example of an effective state law aimed at enhancing consumer protection and privacy rights for the inhabitants of California. The Act has achieved tremendous outcome in building consumer confidence since its signing into law on June 2018 by Governor Jerry Brown. The law creates more avenues and facilitates the processes through which people know what personal information is gathered about them, and to know whether their personal information is disclosed or put under safe custody.The CCPA allows people to reject the sale of their personal data, and the residents can now access their information with ease and much faster. The law permits people to request for the removal of their personal information, and protects them against any form of discrimination for applying their privacy rights. It is possible to prevent cyber warfare through the application of the CCPA violators cannot access and use the personal information of others to launch attacks over the internet aimed at harming other countries.
Another legislation that plays a vital role in preventing instances of cyber warfare is the General Data Protection Regulation (GDPR) that is applicable in the European Union (EU). The GDPR is similar to the CCPA in California in the way it allows for the protection of personal data during storage and transfer outside the EU. The law that applies to all businesses regardless of their type and size directs processors and managers of personal data to apply suitable data protection guidelines (European Commission). The directive urge data controllers and handlers to create information systems while keeping privacy in mind by applying the most effective privacy structures so that it is impossible for unauthorized persons to access datasets and personal information (European Commission). The GDPR directs data handlers to ensure that no data is retrieved and processed unless the practice happens in accordance with one of the six guidelines stipulated by the legislation. The law, for example, only mandates the processing of personal data when entering into a contract,or when consent exists between all parties, or under legal circumstances (European Commission). The GDPR is effective in regulating cyber warfare because unauthorized parties cannot easily access the personal data of others and use them to perpetuate online attacks against the state.
The ClarifyingLawful Overseas Use of Data Act (CLOUD Act) is legislation in the U.S. that offers provisions that could allow for the prevention of cyber warfare although some feel the law requires amendments to rectify some of its limitations. The U.S. federal law formulated in 2018 is an amendment of the Stored Communications Act of 1986 permits federal law enforcement agencies to retrieve data stored on servers in the U.S. or elsewhere (Evans et al.). The law directs data andcommunication firms in the U.S. to issue stored information for a subscriber or buyer on the servers they manage when requested by court warrant. Some groups, including the Human Rights Watch and the American Civil Liberties feel that the bill take away the rights enshrined in the Fourth Amendment that protects people from unwarranted seizures and searches. The critics feel that the bill is ineffective and could perpetuate cyber warfare because the state has the right to access personal data and share the information with foreign nations without notifying the affected person (Evans et al.). The CLOUD Act, however, may contribute towards preventing online attacks because it offers mechanisms for courts or companies to challenge the request when they feel that the information could get into wrong hands or used to perform illicit practices. The state must also follow the due process before accessing the data as a way of preventing unregulated access (Evans et al.). The CLOUD Act could be having some weaknesses, but the guidelines the state must follow before accessing the information may help to prevent unrestricted entry that could facilitate the occurrence of cyber warfare.
The Role of the Budapest Convention in Preventing Cyber Warfare
The Convention on Cybercrime of the Council of Europe popularly referred to as the Budapest Convention is the initial global treaty aimed at addressing online internet-related crimes by improving cooperation between countries, advancing investigation approaches, and harmonizing laws at the national level. The Council of Europe formulated the Budapest Convention in Strasbourg, France in the presence of representatives from the U.S., Canada, South Africa, and Japan (Council of Europe). The initial international treaty on crimes carried out through the internet and other computer systems, particular helps to prevent cybercrimes that relate to violations of copyrights, online deception, infringements of networks, and hate crimes (Council of Europe). The convention aims at form a universal criminal policy aimed at safeguarding the society against cybercrimes, particularly by embracing suitable legislations and promoting international cooperation. The Budapest Convention is effective in preventing cyber warfare because it allows domestic judicial institutions to investigate and prosecute violators or the people responsible for cybercrime, and because it advocates for cooperation at the international level aimed at curbing threats and attacks (Council of Europe). The other provisions of the Budapest Convention that could help to prevent cyber warfare include the provision of suitable structures for storing data, retrieval, and interception of information (Council of Europe). More fundamentally, the Convention offers a framework for accessing data when dealing with trans-border issues, and allows for the formation of an assistance center where people can follow up on the storage and utilization of their personal information (Council of Europe). The Budapest Convention should set an example to hold other similar conventions with the objective of developing suitable structures for combating cyber warfare.
Conclusion
The growth of technology increases the risk of cyber warfare, which could result in adverse consequences that affect a state. Cyber warfare involves a scenario where a country or people who have state protection and use state resources manipulate the computer or electronic systems of other countries with the motive of causing harm. Several countries have become victims of cyber warfare, which indicate that such threats and attacks are real and any nation can be a victim without employing proper preventive measures. Cyber warfare is now more threatening than ever, and could even be more serious in future because people rely on electronic forms and the internet for various reasons. The internet transforms business operations and allows people to interact via social media avenues, which increase the possibilities of attacks. Countries should create proper mechanisms to counter cyber warfare and attacks because such violations could affect the national infrastructure, public informationsystems, social wellbeing, as well as destabilize national security. Nations should improve their protection against cyber warfare by developing and applying suitable legislations and policies. Several countries including Qatar have already developed structures to evade threats and attacks, but it may be important to borrow ideas from legislations such as GDPR, CCPA, and the CLOUD Act, and international frameworks issued by the Budapest Convention on Cybercrime.
Works Cited
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Younes, Ali. “Qatar Says Cyberattack ‘Originated from the UAE.” Aljazeera, July 20, 2017,
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