Military Affairs

Information Warfare, Revolutions in Military Affairs, and International Law

ABSTRACT

International law is relevant to information warfare and the revolution in military affairs. This paper analyzes traditional laws of war or international humanitarian law, and human rights law, in terms of applicability to information warfare. For the purpose of this analysis, the revolution in military affairs is subsumed within information warfare. There is a requirement in international law for signatories to the Geneva Conventions to assess new forms of warfare in terms of lawfulness. It seems that such analyses have been performed but results remain secret. This paper concludes it is likely that many aspects of information warfare and associated information operations involve unlawful actions. Information warfare is taking on a scope far wider than traditional battlefield operations of warfare, but this broad definition of warfare is consistent with the concept of warfare set out by Grotius, who is perhaps the key founder of international law. There is no good reason why many principles of international law do not apply to non-state actors. A further jurisprudential conclusion is that current developments in human rights law may be leading to the emergence of a new codified international personal law that is independent of custom or religion.

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.

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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.

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