The Prohibition of Cyberterrorism as a Method of Warfare in International Law: The Need for a New IHL Treaty

Abstract:

There is no doubt that cyber operations can play a significant role in the conduct of warfare. This article focuses on a specific aspect of cyber operations that is growing in significance: cyberterrorism as a method of warfare. It begins by exploring the definitional issues surrounding cyberterrorism. It then examines the extent to which international humanitarian law (IHL), which was primarily designed to govern kinetic means and methods of warfare, applies to cyberterrorism, and concludes that there is a need for new treaty law to explicitly prohibit such acts and to hold the perpetrators responsible.


AUTHORS

Photo of Brenda Mwale

PhD Candidate, Faculty of Law
University of Pretoria
Pretoria, South Africa

Brenda Mwale is a PhD Candidate at the Institute for International and Comparative Law, University of Pretoria. She is an Advocate of the High Court of Kenya and holds a Master’s degree in transnational criminal justice. She also holds a post-graduate diploma in law and a Bachelor’s degree in law. 

Photo of Stuart Maslen

Honorary Professor, Centre for Human Rights
University of Pretoria
Pretoria, South Africa

Stuart Maslen is Honorary Professor at the University of Pretoria in South Africa, where he teaches disarmament law and the law of armed conflict. He has a doctorate in international humanitarian law and Master’s degrees in international human rights law and forensic ballistics. His most recent book, Arms Control and Disarmament Law, was published by Oxford University Press in November 2021.

Journal of Information Warfare

The definitive publication for the best and latest research and analysis on information warfare, information operations, and cyber crime. Available in traditional hard copy or online.

Quick Links

View the latest issue of JIW.

Latest Edition

Purchase a subscription to JIW.

Subscribe

Keywords

A

AI
APT

C

C2
C2S
CDX
CIA
CIP
CPS

D

DNS
DoD
DoS

I

IA
ICS

M

S

SOA

X

XRY

Quill Logo

The definitive publication for the best and latest research and analysis on information warfare, information operations, and cyber crime. Available in traditional hard copy or online.

SUBSCRIBE NOW

Get in touch

Principal Office

  • Journal of Information Warfare
  • ArmisteadTEC
  • 525 Landfall Arch,
  • Virginia Beach, VA 23462

Registered Agent and Mailing Address

  • Journal of Information Warfare
  •  ArmisteadTEC
  • Dr Leigh Armistead, President
  • 1624 Wakefield Drive
  • Virginia Beach, VA 23455

 757.510.4574

 JIW@ArmisteadTec.com