IHL Targeting in Cyberspace: A Hypothetical Case

By Terence Check


Cyber-attacks are no longer the stuff of science fiction. Now that cyberweapons have the capability to go kinetic, much of the difficult legal analysis relating to cyberwarfare begins to clear: the physical effects of Stuxnet allow legal scholars to elucidate the evidentiary problem inherent in previous cyberwarfare discussions. This analysis reveals that the permissible list of targets for cyberattacks may be far larger than what would be possible in a traditional conventional armed conflict.

About the Author:

Terence Check is an attorney and is an LL.M candidate at American University Washington College of Law, specializing in National Security Law and Policy. He graduated magna cum laude in 2014 from Cleveland Marshall College of Law in Cleveland, Ohio, and was Editor-in-Chief of Cleveland State Law Review. He currently lives in Washington, D.C.

Photo taken by Jstl.

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