International Law of Cyber Warfare: Analysing States and IOS' Legal Positions
Abstract:
This Article examines the development of Customary International Law (CIL) and soft norms through the positions and interpretations of states and International Organizations (IOs) regarding the application of international law to cyber operations. The study presents a comprehensive dataset comprising the positions of thirty-four states and three prominent IOs: the North Atlantic Treaty Organization (NATO), the International Committee of the Red Cross (ICRC), and the African Union (AU). Through an analysis of this dataset, this Article argues that these positions and interpretations hold significant weight as opinio juris, reflecting the beliefs and intentions of states on the application of international law to cyber operations. It further contends that this dataset, serving as evidence of state and IO practice, can contribute to the development of CIL or soft law in the field of cyber operations. Moreover, this Article highlights the potential for the dataset to expand, encompassing a broader range of states and IOs. This expansion would bolster the dataset’s credibility and relevance, further strengthening its potential impact on the development of CIL and soft norms. The findings of this study also emphasize the dataset’s potential contribution to existing processes in the field of international law, facilitating informed discussions, and fostering greater convergence in the interpretation and application of international law to cyber operations. Overall, this research underscores the vital role played by states and IOs in shaping CIL and soft norms and highlights the potential of their positions and interpretations to influence the ongoing development of international law in the context of cyber operations.
Recommended Citation: Shiran Shahaf, International Law of Cyber Warfare: Analysing States and IOS' Legal Positions, 48 Fordham Int'l L.J. 693 (2025).