Cyber Warfare’s Concept Still Haunts International Community

If we do not have an “Internationally Acceptable Definition” and “Legal Framework” for concepts like Cyber Law, Cyber Security, Cyber Forensics, Cyber Warfare, Cyber Terrorism, Cyber Espionage, etc, “Dissatisfaction and Chaos” is bound to occur. Thus, International Harmonisation of Legal Framework in these fields is “Urgently Required”.

This is more so when Information and Communication Technology (ICT) has empowered the Individuals with Powers and Capabilities that are far beyond contemplation in traditional Warfare. So there are no “Parallels and Comparison” between Traditional Warfare and Cyber Warfare in that sense. Traditionally you could not visualise or imagine an Individual to raise a War against a Nation but the modern Individual is “Capable” of launching Cyber Warfare if he/she has enough “Knowledge and Resources”.

Further, the lack of "Definition" and a "Harmonised Legal Framework" at International Level that can deal with an Act or Omission of an Individual, Organisation or Government Sponsored Institution are also “Big Hurdles” in dealing with Cyberspace issues at the International Level.

Till now we have no “Universally Acceptable” Cyber Crimes and Cyber Security Treaty or Convention. Further, we also do not have any International Legal Framework to deal with Cyber Espionage, Cyber Terrorism and Cyber Warfare. Till United Nations (UN) steps in and enacts “Universally Acceptable” International Cyber Law Treaty and International Cyber Security Treaty, this problem would remain murky and difficult to resolve.

Take the example of various Cyber Attacks and Cyber Espionage cases at the Country Level. In the majority of cases the blame for the same is put upon China. Not only China has been “Denying” the same but now China has been claiming to be a “Victim” of such Cyber Attacks itself.

We could keep on blaming China or some other Country as a “Rouge State” for various Cyber Attacks but beyond that we cannot do anything. Even we cannot "Prove with Certainty" that the Cyber Attacks were launched from China or any other Country. The Internet Protocol (IP) Addresses may “Point” to a particular Jurisdiction, but to prove the guilt of the same Jurisdiction “Conclusively” is a totally different Challenge.

Till International Cooperation in the fields like Cyber Law and Cyber Security are achieved, the Blame Game can go on forever with little benefits. However, International Legal Frameworks for Cyber Law, Cyber Security and Cyber Forensics are very difficult to achieve. Nonetheless they are “Absolutely Required” and the more we delay them the greater are the chances of “Global Cyberspace Unrest”.

International Cyber Security Cooperation Is Needed

Cyber Threats have emerged as a major cause of concern for National and International businesses and Governments these days. In the absence of an Internationally Acceptable Legal Framework for ensuring Cyber Security at National levels, the need of International Cyber Security Treaty or Convention has become more apparent.

There are many precarious Cyber Attacks threats that could prove to be really damaging. Today many Critical Public Services are provided through the use of Information and Communication Technology (ICT) and in an Online Environment.

Since Cyberspace is boundary less, it is very difficult to prevent Cyber Attacks from different Jurisdictions. Even if a Cyber Attack can be located to a particular Jurisdiction, “Attributing” the same to a single Individual or Organisation/State is really difficult.

There are numerous challenges that need to be addressed in order to formulate International Cooperations and the Policies that are essential to fight with International Cyber Attacks and Cyber Crimes.

True International Cyber Security cannot be achieved till we have an Internationally Applicable and Internationally Acceptable Cyber Security Treaty. Similarly, International Cyber Crimes cannot be tackled till we have Internationally Acceptable Cyber Crime Treaty.

However, in the zeal to fight against Cyber Attacks and Cyber Crimes, Human Rights Protection in Cyberspace should not be neglected as has been done till now. Every possible effort must be made to “Reconcile” Human Rights with National Security and Law Enforcement Requirements.

The present practice of violating Human Rights in Cyberspace World over by playing the card of “National Security” is an aspect that has to be taken care of especially by the United Nations.

At the end of the day, the battle against Cyber Attacks and Cyber Crimes cannot be won till we enact a “Human Rights Oriented” International Legal Framework because in Cyberspace “Non State Players” are sometimes “More Powerful and Better Equipped” than National Governments. They are also “More Assertive” in Cyberspace than in the Realtime and Offline World. I hope International Community would mull over all these aspects and consider enacting the International Cyber Security Treaty or Convention.