International Acceptance of Kinetic Operations in Response to a Cyber Attack
Abstract
An examination of recent cyber attack cases illustrates the difficulties of dealing with warfare that originates from the domain of cyberspace. Proportionality, preemption, and attribution are three issues that are difficult to address when talking about cyberwarfare and cyber attacks. An isolated incident of a cyber attack, if it can be attributed to an attacker, poses the idea of a responsive attack by the victim. If it is justified, the next question regards the amount of force in the responsive attack that would be seen as internationally legitimate. The question of preemption with regard to a cyber attack is more likely to be seen as legitimate when the cyber attack is initiated as the first of other kinetic operations at the beginning of a state of war. Currently, a kinetic response to a cyber attack as a means of self-defense from follow-on kinetic attacks would be viewed as illegal preemption and/or an escalation of force. Both scenarios present interesting considerations with regard to international law, just war, and legitimacy. The idea of preemption as a means of self-defense is sensitive when the perceived threat is on the magnitude of a rogue nation with a nuclear weapon. It gets even more sensitive if the subject is the cyber attack that is preparing a nation for a kinetic invasion or one that will result in damage to vital national interests. Knowing the difference between the lone and the combined arms cyber attacks exampled in the body of this paper is typically only recognized after the kinetic invasion has begun, or if nothing succeeds the cyber attacks themselves. The following examples of cyber warfare in recent history will be examined in the context of the right to use force in retaliation or preemption as the case applies: Iraq prior to the U.S. invasion in 2003, Estonia in April 2007, Syria in September 2007, Georgia in July 2008, the United States in July 2009, and Iran in September 2010.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 04, 2011
- Accession Number
- ADA600813
Entities
People
- Andrew A. Rundle
Organizations
- Marine Corps University