This Means War! (Maybe?) Clarifying Casus Belli in Cyberspace
Abstract
This paper argues that current international legal norms and constructs do not adequately address what constitutes "casus belli" in the cyber domain. Consequently, an initiating state may unintentionally invite a responsive use of force through cyber actions it considers far short of the triggering threshold. Within the current ambiguity, however, the target state might consider those actions as well beyond that threshold. Such divergent viewpoints may result in open warfare between the two states. This paper recommends that the United States adopt certain practices to reduce this dangerous ambiguity. These practices include more open acknowledgement of cyber actions and maintaining a clear separation between a state's cyber attack/defense and espionage functions. They also include asserting sovereign control over certain portions of the cyber domain, vigorously protecting those areas, and increasing the reporting of incidents.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 01, 2013
- Accession Number
- ADA589942
Entities
People
- Charles C. Poche
Organizations
- United States Army War College