- Research Handbooks in International Law series
Edited by Nicholas Tsagourias and Russell Buchan
Chapter 18: Cyber war and the law of neutrality
AbstractThis 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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.