Reducing the Threat of Cyber Warfare Through a Suitable Dispute Resolution Mechanism

Abstract

With each step of technological advancement, we are entering a global technological domain susceptible to cyber infiltration. The individual privacy and security are supposed to be protected by the states governed by laws that are specifically a part of the national legal systems. The transnational cyber infiltration targeting the state actors by using the cyberspace creates a new plethora of questions. The issue has been highly debated, whether the jus ad bellum is sufficient in regulating the various types of cyber infiltrations. The matter of classifying the cyber-attacks as armed attacks has been furtively debated on contextual basis. The legal principles governing the laws of war have been held insufficient by some in order to include the new forms of attacks conducted through global cyberspace. In the midst of such debate, one conclusion can be derived that the cyber operations globally are causing a threat to state sovereignty and security. The focus on issues related to transnational cyber operations is based upon the existing legal principles and laws. The debate conjures up a few problems which need to be addressed. This article analyses the different perspectives of the cyber warfare and the identified problems related with the issue. According to the current problems faced by the states, a measure of the remedial system for states in international law is taken into consideration. The current system of remedies fails to accommodate the grievances of the states with regard to the cyber operations. Hence, a new platform for the state remedies is suggested and proposed.