Cyber Warfare and Attribution: The Regulatory Role of International Law in Addressing Digital Conflicts

Abstract

Although not an archaic concept, the ever - unceasingly unfolding concept of cyber warfarenow has the center stage. This paper explores the mutually effectual relationship between international law and the regulation of cyber warfare. Governments that previously built physical borders to preserve their territorial integrity have since forced upon themselves a paradigm shift now fortifying their cyberspaces. The paper addresses the replacement of traditional weaponry and armour, and the expansion of the manifestations of “war”, now with interpretations of asymmetry and anonymity. The paper whilst addressing the proliferation of transnational terrorism and the ensuing non - international armed conflicts spiraled into large - scale cyber operations by „hacktivists‟, also proportionally deals with the adequacy of several strategies, measures, and studies, such as the Tallinn Manual, which was specifically launched to usher in clarity to the complex legal landscapes surrounding cyber operations, paying specific heed to those issues involving jus ad bellum and the jus in bello and interpreting the extended versions of both the Geneva Law and Hague Law that govern law relating to war. Considering the uncontrollably fast pervasiveness of belligerent activities in the digital realm, the paper places the responsibility on the international community at large to ensure the establishment of norms or suitable adaptation of ratified conventions aimed at regulating cyberspace. In conclusion, the paper seeks to make a substantial contribution to the ongoing discourse on the regulation of cyber warfare.