TWENTY YEARS OF CYBERWAR

For many years after its introduction in the early 1990s, the cyberwar concept - which outlined a new mode of conflict that would emphasize disruption of information systems and flows - was given little credence. Over the past several years, however, cyberwars of both irregular and somewhat more conventional types have erupted (e.g., see respectively Estonia in 2007 and Georgia in 2008). Global awareness of cyberwar has risen sharply, and many nation-states are preparing their defenses, as well as their capabilities for mounting offensive operations. The American military's declaration in 2011 that cyberspace is a 'warfighting domain' highlights a need to explore the ethical implications and nuances of cyberwar. This article finds that classic jus ad bellum constructs come under great pressure from cyberwar, while jus in bello concerns may prove more manageable. Another key theme is that disproportionate attention is given to the notion of employing cyberwar 'strategically' (i.e., to strike directly at other nations' infrastructures), where its use is less likely to achieve 'victory' and is more problematic ethically. Instead, a focus on the application of cyberwar techniques in battle may lead to shorter, less bloody, 'more ethical' conflicts.