Discrimination in the Laws of Information Warfare

Abstract

As societies and economies increasingly rely on electronic telecommunications, they grow more vulnerable to threats from other computer systems. At the same time, states' military and intelligence organizations are increasingly developing the capability to attack and defend these assets. As with the introduction of earlier weapons systems, would-be users express the belief that the laws restraining warjare no longer apply. This Note seeks to explain the emerging relationship between electronic telecommunications and the laws of war. In particular, this Note seeks to show how the norm requiring the discrimination between military and civilian objectives may be retained in an era of long-distance wagare. Finally, it presents a model protocol to guide warriors and lawyers in planning or judging the legitimacy of information operations.