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Israel’s Perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations

Abstract:

Schöndorf begins with the acknowledgment that the Israeli government views international law as applicable to the cyber realm as well. While Israel has not yet released an official statement on cybersecurity nor their cyber norms, Schöndorf, the Israeli Deputy Attorney General, offers a few implications on cyber law in Israel and their initial thoughts. When considering “jus ad bellum”, Israel both acknowledges that cyber warfare can bring about physical harm and believes in self-defense from cyber-attacks, both in a kinetic and cyber capacity. When considering “jus in bello”, Schöndorf defines an attack as something targeting an organization or entity– however, only if the intent is to cause a physical injury or fatality to another person. This is a clear differentiation in definition from other countries, yet Schöndorf argues that this threshold, in addition to causing physical damage, is imperative in creating an objective way to classify cyber events. Finally, Schöndorf addresses overall international law, pinpointing sovereignty for cyber infrastructure, non-intervention (in national affairs), and the concept of due diligence as major pillars that Israel subscribes to. While Schöndorf champions these pillars, he contends that the global community should be careful in setting norms and should clearly define terms to prevent misunderstandings or cyber loopholes in the future.

Author:
Roy Schöndorf
Year:
2021
Domain:
Dimension:
Region:
Data Type: , ,
MIT Political Science
MIT Political Science
ECIR
GSS