Baltic Journal of Law & Politics (Jun 2017)

Cyber Attacks, Information Attacks, and Postmodern Warfare

  • Valuch Jozef,
  • Gábriš Tomáš,
  • Hamuľák Ondrej

DOI
https://doi.org/10.1515/bjlp-2017-0003
Journal volume & issue
Vol. 10, no. 1
pp. 63 – 89

Abstract

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The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

Keywords