The Issue Of Counter Cyber Terrorism

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I. Introduction International jurisprudence regarding the “use of force ” in matters pertaining to cyber-terrorism and the exercise of permissible of counter-cyber terrorism measures remains predominately unsettled “as… current international law does not specifically address cyber warfare. ” With respect, this legal brief draws upon the arguments put forth by Schmitt for the purpose of arguing that states shall only engage in counter cyber terrorism measures such as surveillance in accordance with the principles of “jus ad bellum [which defines] when states may lawfully resort to force [and] jus in bello which governs how force may be used once an armed conflict has commenced. ” In order to successfully argue that Australia has the right…show more content…
B. Current Stance of Customary International Law Definitions To begin with, the first issue which arises is “regarding the precise legal parametres of cyberwarfare. ” In advising the department, counsel advises the department to utilize the following definition cited by Schaap as the bedrock upon its understanding of cyber warfare rests; “The department of defence defines the phrase computer network attack as actions taken through the use of computer networks to disrupt, deny, degrade or destroy information resident in computers… or the computer networks themselves. ” The aforementioned definitions must be read in conjunction with the definition of sovereignty in “Island of Palmas Arbitral Award of 1928 [the case held] that” “Sovereignty… is the right to exercise therein, to the exclusion of any other state, the function of a state.” In determining whether cyber-warfare has in fact take place between two states there must be evidence of malicious malpractice which Raboin poignantly terms as “problematic and destructive real world effects.” . In effect, the victim’s state’s “territorial integrity or political independence” must be threatened. Whilst this essay stands in agreement

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