Offensive Cyber Operations and the Use of Force

In this article, Herbert Lin compares an act of cyber-attack with that of cyber exploitation, concluding the former is destructive to systems and networks while the latter is nondestructive and does not seek to disrupt normal functions. Despite these differences, however, the ambiguity of cyber operations (i.e. issues of attribution, scope, and scale) can muddle the two with major consequences for the targeted party. The main question the author raises is the following: “what actions constitute demonstration of hostile intent?” The United Nations Charter prohibits the use of force between states, but inconsistencies in the definition of “force” may limit the ability to respond to potential provocations. Because of this, Lin suggests analysts and policy makers familiarize themselves with the existing “legal landscape.”