Mr. Divij Kumar, Vivekananda Institute of Professional Studies, New Delhi
ABSTRACT
International legal authorities first became aware of cyber operations in the late 1990s, when the United Nations General Assembly passed Resolution 1701. As a result of computer technology, the way society communicates, conducts business, and wages war has been transformed. In this ultra-sophisticated era, technology undermines the human - chain that created it and is used in unimaginable ways to achieve its goals. Today, wars are no longer limited to physical boundaries and perimeters, but can be triggered remotely, from a distance, resulting in Digital Warfare, or warfare conducted through digital means. While it is clear that a legal codification is required, the concerns remain focused on codifying and interpreting the most widely discussed academic work on the subject. According to International Law, customs is considered to be the earliest and most significant source of law that has developed consistently and gained the legal status of a legal entity. However, the term "General Principles of Law" refers to universal and widespread principles that are applicable in a wide range of jurisdictions and require formal recognition by the International Court of Justice (ICCJ). For more than a century, it has been widely accepted that the absence of directly applicable treaty law does not constitute a zone devoid of international humanitarian law under international humanitarian law. The project’s proceedings revealed that, while there was no disagreement about the applicability of international law, it became clear that interpreting international law norms in the context of cyberspace can be difficult. The paper examines the approaches taken by international law to deal with and address the issue of jus ad bellum. The paper argues that the subjective interpretation of the lack of authority raises concerns and requires the immediate attention of the United Nations in order to codify measures governing such instances. As a result, the manual’s applicability is limited to transactions that take place entirely online. Other legal issues relating to more serious operations involving the use of force are left out of the discussion. However, despite the fact that it is considered a model law, this manual presents ideas and rules in an imagined manner that should be followed in a state that abides by and exercises its laws perfectly. When it comes to enforcement, both domestic and international considerations are brought into the discussion.
