Cyber War and Development of International Law of Non-Use of Force in Cyberspace

Use of cyberspace for rapid and effective achievement of strategic goals has today become a new significant warfare for all actors. For this reason, the distributive and interactive nature of cyberspace together with low costs of accountability has increased the effective function of attacks in the cyberspace. Moreover, anonymity in this space, has facilitated rapid operations in a wide geography which in turn leads to attacks, destructions and crimes in this environment resulting in violation of territorial integrity and national security of States. The absence of effective rules and provisions has left the issue of international responsibility for these crimes and their legal prosecution in a vague situation. This paper deals first with the nature of cyberspace. Then the concept of power, threat and attack in cyberspace and the way by which sovereignty of States is being challenged is discussed. Finally, it emphasizes upon the fact that though in the circumstances as stand now resort to cyber attacks is considered as use of force in international law, nevertheless identification of their legal territory faces many obstacles in different circumstances including in the law of war, resort to force and self-defence making the entering into the issue of international law difficult.