War in international law : cyberwarfare

Abstract

Ritgerðin fjallar um stíð í þjóðarétti, með sérstakri áherslu á tölvuárásir. Fjallað er um helstu sáttmála og lög sem eiga við þegar um er að ræða tölvuárásir sem lið í hernaði og hvort sú löggjöf sé nægileg eða hvort henni sé ábótavant.

This essay examines the evolving landscape of international law in the context of modern warfare, particularly cyberwarfare and the activities of non-state actors. As digital technologies reshape the dynamics of conflict and security, traditional legal frameworks, including the United Nations Charter, are tested by the emergence of cyber operations that blur the lines between war and peace. The paper delves into the complexities of adapting jus ad bellum and jus in bello to address the unique aspects of cyberwarfare, emphasizing the need for a redefined understanding of force and armed attack in the digital realm. It also explores the role of nonstate actors, whose involvement complicates the application of established legal norms originally designed for state-centric conflicts. Additionally, the essay discusses the application of the Geneva Conventions to cyberwarfare, advocating for a nuanced interpretation that can protect civilians in a battlefield without physical frontiers. The need for ongoing international dialogue and cooperation is highlighted as a crucial factor in developing consensus around the legal norms that govern state behavior in cyberspace, ensuring that cyber operations adhere to international legal standards. This exploration underscores the imperative to continually adapt legal frameworks to the realities of technological advancements in warfare so as to safeguard global peace and security in the digital age.