Crimes Without Frontiers: Confronting Cyberwarfare In The Age Of International Justice
- IJLLR Journal
- 1 day ago
- 1 min read
Sharanya Sinha, Techno India University
ABSTRACT
"The next world war will not be fought with bombs and bullets but with bytes and bandwidths."
– Anonymous
This prescient observation captures the essence of the evolving nature of modern warfare. In an era where cyberspace has emerged as the fifth domain of conflict alongside land, sea, air, and space. Cyberwarfare represents a paradigm shift in how states and non-state actors engage in hostilities. Cyberwarfare, distinct from traditional battles where borders and adversaries are tangible, operates in an intangible, borderless realm. It targets vital infrastructure, financial systems, and civilian networks with alarming precision and far-reaching consequences. This chapter examines the intersection of cyberwarfare and International Criminal Law, highlighting key challenges such as attribution, jurisdiction, and accountability.
Drawing from the provisions of the Rome Statute, it evaluates the extent to which existing international legal frameworks address cybercrimes and assesses the capacity of the International Criminal Court (ICC) to prosecute state and non-state actors responsible for these acts. Case studies of prominent cyberattacks, such as the Stuxnet incident and the SolarWinds breach, underscore the pressing need for a cohesive global legal regime to deter and penalize cyber aggression.
The chapter further explores the transformative potential of emerging technologies, including Artificial Intelligence, in enhancing attribution, evidence collection, and legal adjudication, while critically analyzing the ethical challenges these technologies introduce. By proposing actionable strategies for fostering international cooperation and crafting a robust legal architecture for cyberspace, this chapter aspires to pave the way toward a future where justice prevails in this uncharted digital domain.
