A HUMAN RIGHTS APPROACH TO CYBER CONFLICT

Abstract

In recent years, it has become apparent that conflict in cyberspace, attacks on cyber users has remained unabated. Conflicts in cyberspace refer to actions taken by parties to a conflict to gain advantage over their adversaries in cyberspace by using various technological tools and people-based techniques. Thus, conflict in cyberspace is different from conflict in physical space in many dimensions, and however, attributing hostile cyber operations to a responsible party can be difficult. This paper focuses on the importance of a human right approach to addressing these challenges, relying on the highest attainable standard of cyber operation as well as to civil and political rights. This paper also observed that the problems of defending against and deterring hostile cyber operations have remained intellectually unresolved. This paper in particular examines the United Nation Charter and the Geneva Convention that are relevant to cyber operations as a normative framework. Thus, it is noted that the relevance of the above conventions is today unclear since cyberspace is a new phenomenon compared to these conventions.