Fitting cyber attacks to jus ad bellum — Consequence-based approachPart III

by Dimitar Kostadinov
Oct. 7, 2017 0 comments INFOSEC Institute

There are people from the field of law, and not only, who do not think that everything with fitting cyber attacks to the law of resort to use of force with the help of consequence-based approach will go smooth and silky. One of them, Jason Barkham, is highly critical of Michael Schmitt’s seven-factor test and the consequence-based theory as a whole. Low-level cyber attacks To begin with, the comparison, analysis, and adherence of the conventional military force do not correspond well with such an innovative form of warfare that cyber attacks represent. Moreover, the Schmitt’s method cannot cope properly with the low-level cyber attacks because they’re out of the use of force range under his analysis. In event of a real attack, the target would just have to guess whether its magnitude is significant enough (Barkham, 2001).