The bright lines between certain fundamental legal categories may
appear to have dimmed in the cyber environment, especially in
relation to military cyber operations. This article thus unblurs the
lines between five such pairs of categories, proceeding from the
general to the specific: Firstly, what separates international law
from ...
The bright lines between certain fundamental legal categories may
appear to have dimmed in the cyber environment, especially in
relation to military cyber operations. This article thus unblurs the
lines between five such pairs of categories, proceeding from the
general to the specific: Firstly, what separates international law
from international norms as the two principal regulatory
frameworks governing the conduct of military cyber operations?
Secondly, what is the distinction between domain-specific and
general rules of international law as they apply to military cyber
operations? Thirdly, is it possible to distinguish between
peacetime and armed conflict with respect to the regulation of
such operations? Fourthly, once an armed conflict is underway,
how do we distinguish combatants from non-combatants in
cyberspace? And fifthly, what is the distinction between objects
and non-objects in cyberspace, particularly with respect to
computer data affected by military cyber operations during
armed conflicts? Overall, the article’s goal is to reduce the opacity
surrounding the relationship between military cyber operations
and international law. In doing so, it aims to contribute to the
long-term goal of making cyberspace a more open, secure,
stable, accessible and peaceful environment.