On the Risks of Relying on Analogies to Understand Cyber Conflicts

Efforts to regulate cyber conflicts—and cyber-defence postures more generally— rose to prominence almost a decade ago, when the risks for national and international security and stability arising from the cyber domain became clear. As I argued elsewhere (Taddeo 2014), these efforts often rely on an analogy-based approach, according to which the regulatory problems concerning cyber conflicts are only apparent, insofar as these are not radically different from other forms of conflicts. Those endorsing this approach claim that the existing legal framework governing armed conflicts is sufficient to regulate the cyber battlefield. All that is needed is an in-depth analysis of such laws and an adequate interpretation of the phenomena. As Schmitt stresses.