Cyber Warfare: An Enquiry Into the Applicability of National Law to Cyberspace

 

ICTLC Australia Managing Partner Helaine Leggat recently published an interesting article on cyber warfare in the International Journal of Cyber Warfare and Terrorism (IJCWT).

Abstract

The Tallinn Manual on the International Law Applicable to Cyber Warfare (2013) sets out ninety-five ‘black-letter rules’ governing conflicts and the basis for each in treaty and customary law. An earlier version of this article considered the applicability of national law to cyberspace. Specifically, whether there was sufficient basis at a national law level to establish norms for acceptable behavior at an international level. The proposition being it is time for a new kind of international cooperation in relation to cyber warfare and acceptable norms of behavior in cyberspace. This article provides detail from various national statutes to illustrate how national law applies to cyberspace. Both papers consider the applicability of current national criminal and tort law by using hypothetical scenarios in relation to self-defence, conspiracy and corporate responsibility in the private sector. The intention is to encourage experts to cooperate internationally to recognise national rules equivalent to the Tallinn work.

 

Download the article at ictlegalconsulting.com/Helaine_Leggat_IJCWT_10.3.pdf or read it below.

Access the full publication on the IGI Global site (paid service) at the following URL: www.igi-global.com/article/cyber-warfare/257517.

The article is published in the International Journal of Cyber Warfare and Terrorism, 10(3), copyright 2020, IGI Global. Posted by permission.

Cyber Warfare: An Enquiry Into the Applicability of National Law to Cyberspace