THE APPLICABILITY OF INTERNATIONAL LAW TO CYBER ATTACKS
THE APPLICABILITY OF INTERNATIONAL LAW TO CYBER ATTACKS

Summary/Abstract: Access to information and communication technologies defines modern society and establishes moreover new challenges and threats to international cyber security. This paper offers insight on the legal implications of cyber attacks, emphasizing the terminology differences between concepts relevant to cyber space operations (cyber crime, cyber espionage, cyber warfare). The lack of treaties or customary regulation of this distinctive domain, justifies the approach to apply existing international law to cyber attacks – this article pays particular attention to the applicability of jus ad bellum provisions. As cyber operations are considered the new military frontier, there is strong debate on whether the war has entered the fifth domain – cyberspace.Moreover, this paper focuses on the reaction of states and international organizations with regard to threats posed by unlawful cyber operations (especially after the 2007 cyber attack on Estonia). Global challenges require global cooperation, the non-binding Tallinn Manual being one of the most important proofs that reinterpretation and revision of international law regarding cyber warfare is needed. The attitude towards the cyber threat proves that cyberspace has become of geo-strategic importance for the states. The brief case study on Stuxnet cyber weapon is representative for identifying the most important elements regarding cyber attacks.

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