사이버 전쟁 내지 사이버 공격과 국제법

The dangers of cyber war and cyber attacks in international society are not just a story in science fiction. They exist in reality as well. Cyber attacks have been carried out against the government and companies' computer networks of Estonia in 2007, Georgia in 2008 and the Republic of Korea and the USA in 2009. Unlike cyber crimes or cyber terrorism, cyber attacks are usually masterminded by or directly involve States. It seems hard to solve all the problems affiliated with cyber attacks with existing international law: rules, conventions and theories. The author considers that attempts at defining cyber attacks within the current jus ad bellum, state responsibility, international humanitarian law and so on would fail to offer adequate responses. With respect to cyber attacks, it would be necessary to re-examine the definition of the use of force and armed attacks, and to reconsider State responsibility theory, international humanitarian law and the right of self-defense. It would also be necessary to create a legal system, as seen in the initial phase of the disarmament of WMD, to regulate and control effectively eventual cyber war or cyber attacks in order to minimize disorder that might occur from unregulated cyber attacks in international society. States and relevant international organizations should start negotiations for elaborating relevant lex ferenda: it may include inter alia, the reconfirmation of prohibition on attacks against civilian population and civilian objects, the establishment of a new international organization for good governance of cyberspace.