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NEW IHL FRAMEWORK FOR CYBER WARFARE - ABSTRACT Regarding the increasing number of revealed cyber-attacks aimed at public facilities including the governmental ones by who seems to be other state actors, this thesis aims to reveal the major importance of cyber warfare, point out the fatal vacuum regarding the IHL framework currently in force and suggests its completion by a new IHL convention, which would regulate cyberwarfare in International Armed Conflicts. In order to provide a well-structured and pertinent arguments to support its main points, the thesis uses methods of qualitative analysis of the current IHL sources including international treaties, customary law and work of the main institutions of international justice along with work of judicial scholars and cyber experts. The work contains five main chapters. The first chapter presents the underlining principles of Laws of Wars, including its theory, history and development; and focuses on one of its three main regimes - the International Humanitarian Law. The second part is dedicated to the topic of cyber warfare, defines its scope as computer network attacks, explains their classification system, analyses their effects and provides examples of such attacks. The third chapter focuses on the issue of the current legal vacuum in relation to cyber...

China has been home to some of the most prominent hackers and hacker groups of the global community throughout the last decade. In the last ten years, countless attacks globally have been linked to the People’s Republic of China (PRC) or those operating within the PRC. This exploration attempts to investigate the story, ideology, institutions, actions, and motivations of the Chinese hackers collectively, as sub-groups, and as individuals. I will do this using sources ranging from basic news coverage, interviews with experts and industry veterans, secondary reportage, leaked documents from government and private sources, government white papers, legal codes, blogs and microblogs, a wide array of materials from the darker corners of the online world, and many other materials. The work will begin to sketch for the reader some of the general and specific aspects of the shadowy world of cybercrime and hacker culture in China in recent years. One of the most prevalent beliefs is that the Chinese government is in fact the one responsible, whether directly or by sponsor, for cyber-attacks on foreign systems. My careful analysis has revealed is not always the case, or at least more complex than simply labeling the group as a state actor. At the root of these attacks is a social movement of "hacktivists," a patriotic sub-culture of Chinese hackers. It is incorrect to allege that all attacks are performed by state-sponsored individuals or groups, because there are many individuals and groups that are motivated by other factors.

Richard A. Clarke and Robert K. Knake’s book, Cyber war, claims to identify a new threat and vulnerability in the United States. By examining the points they make and evaluating them in the context of the first cyber attack, STUXNET, we shall conclude that the technical argument is correct; however the overall argument is incomplete. What they fail to emphasize is the amount of human intelligence involved in committing a successful cyber attack, and the extent to which having intelligence operations greatly enhances a state's cyber capabilities. / text

Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it‘s impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of... [to full text] / Kibernetinis karas jau egzistuoja daugiau nei dešimtmeti tačiau mes vis dar turime labai silpną šio reiškinio reguliavimą. Tokia situacija yra stipriai įtakota mūsų silpnu techniniu galimybių bei interneto struktūros. Kibernetinis karas yra labai keblus. Tai yra naujoviškas kariavimo būdas kurio mes nematome, bet jo pasekmes gali būti žaibiškos ir niokojančios. Mokslininkai ir pasaulio valstybės tai jau seniai pripažino. Šis darbas bando atskleisti galimybes tarptautines teises reguliavimui kibernetinio karo atžvilgiu, jeigu tai iš viso yra įmanoma. Tačiau mokslininkai vis dar ginčijasi dėl kibernetinio karo ir kibernetines erdvės terminologijos, tuo tarpu kibernetinio karo grėsme tik didėja. Pasaulio valstybes tai suprasdamos bando ištaisyti teisės trukumus, tačiau nesėkmingai. Bet kokie pasiūlymai ir susitarimai galioja tik nedideliam valstybių ratui. O didžiosios valstybės tuo tarpu nenoriai atsisakytu savo kibernetinio pajėgumo. Darbe buvo išanalizuotos tarptautinės sutartys bei valstybių praktika bandant pritaikyti esamus režimus kibernetinio karo reguliacijai. Darytinos išvados, kad esamos tarptautinės teisinės bazės taikymas geriausiu atveju yra sudėtingas ir nenatūralus. Realybė yra tai, kad kibernetiniam karui netinka nei vienas režimas. O toks jo taikymas, deja sukelia daugiau problemų nei buvo prieš tai. Tačiau dar nėra išsemtos visos galimybės ir ateitis gali parodyti teisingą sprendimą. Tuo tarpu valstybes yra pasiruošusios vesti derybas dėl tarptautinės... [toliau žr. visą tekstą]

This study investigates the legal and ethical challenges posed by cyber warfare in the ongoing Russian-Ukraine war. Cyber warfare represents a transition from traditional conflict dynamics, impacting civilian populations and national security without direct physical confrontations. The significance of this research is the inadequacy of current legal norms that govern the rapidly evolving techniques of cyber-attacks which challenge established norms of International Humanitarian Law. Hence, the research question explores how cyber warfare challenges existing legal and ethical norms for civilian protection, and what the broader implications are for the regulation of modern conflicts. Through a qualitative case study approach, the thesis analyses three cases of Russian cyber-attacks on Ukrainian civilian infrastructure: the 2015 attack on the Ukrainian power grid, the 2023 cyber-attack on Kyivstar, and the 2022 Asylum Ambuscade. In the simplified legal framework by Hoffman and Rumsey, these cases were analysed using the Tallinn Manual, and Mary Kaldor’s New Wars theory to highlight the challenges and violations of IHL. The findings conclude that the IHL framework is insufficient for the unique challenges of cyber warfare. Moreover, the study addresses for the revaluation and updating of international legal norms to keep up with the constant development of cyber warfare. In all, this thesis showcases the need for enhanced legal standards that can safeguard civilian populations and maintain international security, contributing to the fields of international law and conflict resolution.

In 2010, the discovery of the malicious computer worm Stuxnet shocked the world by its sophistication and unpredictability. Stuxnet was deemed as the world’s first cyber weapon and started discussions concerning offensive cyber operations – often called “cyber warfare” – globally. Due to Stuxnet, rapid digitalisation and evolving technology, it became vital for decision makers in the US to consider formal norms such as laws, agreements, and policy decisions regarding cyber security. Yet, to obtain a holistic understanding of cyber security, this thesis uses constructivism as its theoretical framework to understand changing informal norms and social factors including the ideas and morals of the US society regarding offensive cyber operations. This thesis critically analyses the discourse of three of the largest US newspapers by circulation: the New York Times, the Washington Post and The Wall Street Journal. A significant shift was discovered in the US media’s publications and in informal norms regarding offensive cyber operations and the use of cyber weapons in just one decade, by comparing the discourses relating to Stuxnet in 2010 and the US presidential election in 2020. This thesis concludes that it is equally important to consider ideas and morals when researching a technical field such as cyber security by arguing that informal norms guide the choices actors make when developing formal norms at the international level. The findings of this thesis are intended to provoke a normative, urgent, and focused discussion about cyber security. The findings are also intended to shift attention to how language is used in discussions about the cyber sphere, offensive cyber operations and cyber weapons as components of the traditional battlefield.

A state’s right to self-defense depends on whether an attack on the state is regarded an act of war according to jus ad bellum. The UN Charter does not specifically mention cyber warfare and it is therefore unclear whether a cyber-attack can be classified as an act that corresponds to an armed attack. The debate amongst scholars has not led to consensus on the meaning of the concept of cyber warfare nor whether it can be regarded as an act of war. The purpose of this study was to analyze the concept of cyber warfare according to the theory of good concepts formed by John Gerring. The study aims to answer the questions of whether the definitions meet Gerring's criteria for a good concept and if any of the analyzed definitions can be considered compatible with jus ad bellum and thus give a state the right to self-defense. This study uses a qualitative concept analysis and analyzes three different definitions of cyber warfare with a focus on intention, effect and actor respectively. The results show that all definitions meet all the criteria to some extent. The actor-focused definition was considered a good concept at a high level, the intention-focused definition at a low level and the effect-focused at a very low level. Only Hathaway's effect-focused definition could in itself be considered compatible with jus ad bellum. The other definitions would require a more comprehensive interpretation of the UN Charter.

This thesis highlights the importance of a comprehensive approach to personal data protection in the context of cyber warfare. By combining legislative analysis, analysis of cyber incidents, threat modeling, and risk assessment, a robust framework can be developed to identify and mitigate security and privacy threats effectively. This study serves as a foundation for future research in the field of personal data protection and cybersecurity.

In our era, digital technology is one of the fastest-changing areas. It impacts our private life, well-being, economics, politics and warfare. This essay intends to answer how digital transformation affects combats and state and non-state actors and also how these digitalised combats compromise social sustainability. The findings include social media and online platforms, dark web and cyberterrorism, cryptocurrency, remote sensing and surveillance, machine learning and AI, and digitally enabled strategies. The analysis was done by the Centre of Gravity model, social sustainability and securitisation theory. The thesis follows a comparative case study approach about Kenya and Nigeria therefore the essay address al-Shabaab and Boko Haram as the two prominent terrorist groups and the empirical data are related specifically to these countries and these diasporas.