APPLICABILITY OF INTERNATIONAL LAW IN CYBERSPACE

Abstract

This Article aims at examining the applicability of International Law principles on cyberspace as response to the increasing cyber-attacks. It should be borne in mind that global challenges facing the modern international community cannot be adequately addressed by any single international actor, irrespective of how powerful that actor may be.  

It was observed in this Article that the law of war is comprised of well-known and widely accepted principles. Applying these principles to cyber-attacks poses challenges. The reason is that the principles were developed in response to conventional wars between states. Unfortunately, when a cyber-attack is launched, it becomes difficult for states to figure out who is responsible for it. For this reason, states have been reluctant to respond to cyber-attacks in self-defense for fear of violating the law of war. 

It is recommended that, first, an international binding instrument under the auspices of the United Nations should be put in place. In view of the fact that cybercrime conventions/instruments can be overtaken by technological advances, there is need for technological neutral legal instruments. 

Second, international cooperation is critical in curbing cybercrimes. However, such cooperation can only be achieved when an agreement has been reached on what activities should be outlawed. Harmonization of the fragmented laws is a first step towards international cooperation. 

Third, technological wise, state governments should impose censorship to block internet contents that tend to threaten the security of the country as well as protecting citizens, particularly the vulnerable ones like children.