ABSTRACT

This chapter looks generally at cyber warfare, explores the modalities in which it occurs, and the possibilities for its regulation, both in international humanitarian law and general international human rights law. It examines policy developments that discuss the structuring of cyber warfare, as well as the argument of the supposed inextricability of the private sector from this area of the military. The chapter analyzes the issue of accountability of 'private cyber warriors' for acts that violate human rights and humanitarian law. Documented cyber attacks have so far done little more than blocking access to or defacing certain websites, and there have also been some alleged thefts of intelligence information. The computer systems of hospitals and essential public utilities such as power plants cannot be targets of cyber attacks, since they are considered as protected property by rules of international humanitarian law.