Cyber Security and International Public Law In The XXI Century

Authors

  • Víctor Luke Abogado de gabinete, Subsecretaría de Justicia, Ministerio de Justicia (2011) Consultor Empresas IT y Seguridad Informática

Abstract

Upgrading the standards of our State of Law implies an accurate establishment of the duties and powers held by the armed forces in order to protect the key strategic assets that will enable the further development of our society in the XXI century. Reasonably, the protection of the information infrastructure which enables the successful functioning of information societies could be assumed, at least in part by the National Defense. Notwithstanding, there is no coherent body of legal norms that allows States to legitimately defend that sort of assets against foreign aggression executed by cyber weapons. This paper offers a brief introduction to Information security along with an explanation of the current efforts of the international law experts in order to establish a coherent and effective legal frame on the subject. Likewise, it describes the difficulties of interpretation and, specially, the analogous application of the current norms of International Public Law to the peculiar nature of cyber warfare. From a legal perspective, this brief investigation address the duties, rights and liabilities of the States regarding the protection of information infrastructure, considering the latter as a key asset for future development of societies in the information age.

Keywords:

Information security, International Law, Cyber warfare, Information Age, Legal Frame