Cyberwar in the Seams: Russian Exploitation of International and Humanitarian Law in Offensive Cyber Operations
Abstract
Russia is able to conduct offensive cyber operations that impact civilians, while maintaining the illusion of compliance with international law. This study analyzed Russian offensive cyber operations case studies to assess the scope and impact of the attack as well as determine the loopholes, ambiguities, or gaps in international law that Russia may exploit. The results of the case studies were analyzed with factors established from research on Russian military thought to establish likely political and military strategic objectives. The common objectives present in the case studies provided a baseline for Russian offensive cyber operations, and inform the document analysis of the various sources of international law. The mechanism exploited by Russia is textualism, an overemphasis on the definition of international law terms without consideration of the intent of the law. This can be mitigated by an effects-based approach to determining violations of international laws, specifically use of force and breach of sovereignty. Furthermore, the research indicated that Russia follows a deliberate course of action when conducting offensive cyber operations that gradually enables significant cyberattacks without triggering protections under international law or international humanitarian law.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jun 10, 2022
- Accession Number
- AD1210757
Entities
People
- Sid B. Maru
Organizations
- United States Army Command and General Staff College