La “Cyberwar”. Le sue modalità e gli strumenti giuridici per contrastarla

Cyberwar. Its modalities and legal tools to respond to it

Abstract

This paper analyzes the growing threat posed by cyberattacks and the responses to them provided by domestic and international law. It will first focus on the reasons for the increasing prevalence of cyberattacks, their definition, and their features. It will then analyze the relative U.S. legal framework, considering the separation of war powers between the President and Congress. Finally, it will try to determine when a cyber-attack may allow a response in self-defense under Article 51 of the U.N. Charter. The paper will conclude, given the rising threats, by emphasizing the need for a new treaty to regulate the matter.

Keywords: Cybernetic warfare; US legal framework; Covert action statue; U.N. Charter; Self-defense.