Table of Contents

Research Handbook on International Law and Cyberspace

Research Handbook on International Law and Cyberspace

Research Handbooks in International Law series

Edited by Nicholas Tsagourias and Russell Buchan

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international law principles to cyberspace such as sovereignty, jurisdiction, state responsibility, individual criminal responsibility, and intellectual property rights. In addition to this, they explore the application of international law rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war and discuss the cyber security policies of international and regional institutions.

Chapter 18: Cyber war and the law of neutrality

David Turns

Subjects: law - academic, internet and technology law, public international law, regulation and governance, terrorism and security law

Abstract

This chapter considers the potential for the contemporary and future application of the international law of neutrality in the context of cyber warfare. The relevant provisions are mostly contained in treaties and other legal instruments that are now more than a century old, such as the Hague Conventions of 1907. Although customarily thought of as old-fashioned and arguably irrelevant to the age of cyber in its obsession with safeguarding the territorial sovereignty of neutral States, the law of neutrality is at least quite likely to be of direct application in future armed conflicts situated in cyberspace. This stems in part from the politico-economic realities of an increasingly interconnected international society in today’s world, which may cause States to continue to insist on their neutrality in the conflicts of the future. But it is also largely a function of the provisions of the law itself, particularly the jus in bello: the routing of hostile data through cyber infrastructure belonging to a neutral State and the legal status of “hacktivists” in neutral territory could be examples. The existing law, old as it is, can be applied by analogy to cyber hostilities.

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