International Legal Implications and Limitations of Information Warfare: What Are Our Options

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International Legal Implications and Limitations of Information Warfare: What Are Our Options

B. W. Ellis

When we examine the relationship between information warfare (IW) and the law, particularly international law and the law of war, it becomes apparent that fundamental questions need to be explored. How is war defined as it relates to IW and what activities will we define as IW. Who are considered combatants in IW. How do the terms force, 'armed attack', or 'aggression' equate or relate to IW. Does war require physical violence and human casualties. How will established legal principles related to national sovereignty be affected by IW. These questions and issues merely hint at the tremendous uncertainties surrounding the evolving discipline of IW. This paper examines IW from a layman's legal perspective and explores issues such as the law of war and standing international agreements to which the United States is a signatory. The concept for the employment of IW is evolving and as recently demonstrated in Yugoslavia, legal constraints, limitations, and issues appear to be the norm. There is currently no authoritative legal or international agreement as to whether an IW 'attack' is comparable to an 'attack' or 'use of force' in the traditional sense. With this as a context, the study identifies several legal approaches our armed forces could employ offensively, defensively, or in retaliation to an information attack.