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Right to Life and Cyber Warfare: Applicability of Legal Regimes during Counterterrorist Operations (International Humanitarian Law)
Abstract
Referring to the cyber space as the new dimension of warfare opens many legal challenges. Those challenges can be settled in two main clusters: first one related to the usage of cyberspace as a weapon itself, related the environment in which terrorist attack occurs (meaning that cyber infrastructure and cyber are used for terrorist attacks, or as an asset during counterterrorist operations), and the second drives on ancillary usage of the cyber infrastructure, means and methods for the same purposes. The cyberspace is lacking specific legal regime that is applicable, same as cyber attacks. While the specific applicable regime is lacking, as well as any consensus upon that issue, what has to be considered is if any parts of the currently ongoing legal regimes are applicable. Put into the context of cyber warfare, it can lead to different solutions, examined in the chapter.
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