The Importance of Regulating Cyberspace from the Perspective of International Law

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Fall 2021, No. 2, Vol. 3 / Romanian Cyber Security Journal

The Importance of Regulating Cyberspace from the Perspective of International Law - Applications

Adrian MALDEȘ

adi_maldes@yahoo.com

Abstract:

The increase in frequency and strength of cyber-attacks in the current period has led to meetings between NATO and EU allies and other organisations to address issues related to cybersecurity. Discussions focused on the adoption of regulations, a legal framework, or directives, in order to support allied states in the fight against cybercrime. The discussions included not just the drafting of a legal framework regarding cyber-attacks, but also the classification of cyber as an operational domain for the militaries, and the necessity to apply the provisions of Article 5 from the North Atlantic Treaty signed in Washington D.C. on the 4th of April 1949. The lack of an international legal framework raises a lot of challenges. This represents a challenge for the allies, the members and organisations, taking into consideration the fact that, at the last NATO Summit, new topics were brought into discussion, regarding the cooperation on cybercrime between allied states, the drafting of a Protocol V or the amendment of the Geneva Convention from 1949, and by introducing cybernetic warfare as a violation of international law. The article argues the necessity of drafting a Protocol V or an amendment to the Geneva Convention from 1949, which would state that cybercrime is a violation of international law. The context is a dire one, considering the fact that the allied states of NATO and the EU but also the UN in general cannot adequately manage and hinder cybernetic attacks, both from inside and outside of the state and mitigate their effects.

Keywords:
Cybernetic Attacks, Legislative Harmonisation, Regulations, International Law, Cybernetic Space

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CITE THIS PAPER AS:
Adrian MALDEȘ, "The Importance of Regulating Cyberspace from the Perspective of International Law - Applications", Romanian Cyber Security Journal, ISSN 2668-6430, vol. 3(2), pp. 49-58, 2021.