Cyber Law and International Norms
How international law applies to cyber operations, from state-sponsored hacking to the rules of engagement in cyberspace.
Does International Law Apply Online?
The foundational question of cyber law is whether existing international law applies to cyberspace. The answer, affirmed by the UN Group of Governmental Experts (GGE) in 2013 and 2015, is yes. The UN Charter, including the prohibition on the use of force and the right of self-defense, applies to cyber operations. International humanitarian law applies to cyber operations during armed conflict. Sovereignty applies in cyberspace.
But applying these rules is far more complicated than stating them. When does a cyber operation constitute a 'use of force' under Article 2(4)? Does a ransomware attack on a hospital constitute an 'armed attack' triggering the right of self-defense? If a state's infrastructure is used by hackers without the government's knowledge, is the state responsible? These questions remain deeply contested, and state practice is still evolving.
