Cyber-attacks and international law

Abstract

Governments and critical infrastructures rely increasingly on network computing technologies and are thus ever more vulnerable to cyber-attacks. Responding to such attacks - whether through diplomatic or economic sanctions, cyber-counterattack, or physical force - raises legal questions. International customary law is not yet fully formed on this issue, but the UN Charter and the laws of armed conflict establish certain baseline rules. Countries with a stake in evolving legal standards for the use of force in information operations should be prepared to make hard choices. Such countries should aim not only to preserve their own security, but also to set legal precedents that balance the need to use a new kind of force against the considerable, untested risks of doing so.