사이버전의 국제법적 규제와 한계에 관한 연구

Existing and potential threats in the sphere of information security are among the most serious challenges of the twenty-first century. The most serious information security is cyber warfare. But international law for cyber warfare has not yet been adopted. This is due to disagreement of individual countries over the interpretation and application of the existing international law. The utility of cyber space as a platform for waging warfare presents numerous challenges to current international law. Indeed, the increasing use of cyber attacks bring with it some unique difficulties because the existing rules do not provide specific rulings on the application of the current law to the emergent aspects of these new forms of warfare. I reviewed UN GGE Report and Tallinn Manual among international documents. Although these Documents are not legal enforceability of a treaty, I can be found that the principles of International humanitarian law, common principles in UN GGE Reports and Tallinn Manual, should apply cyber warfare in minimum. It is unlikely that effective international law for cyber warfare will emerge in the near future. Therefore, Cooperative action against threats resulting from the malicious use of ICTs are very important. And states must comply with their obligations under international law to respect and protect human rights and fundamental freedoms, and especially should observe established International Humanitarian Law. It is essential measures for International peace and security against cyber warfare.