A European Perspective on the International Law Applicable to Cyber Operations

Cyber operations are an integral part of contemporary international relations. From the infamous Stuxnet computer worm, to election meddling, to the worldwide economic consequences of the WannaCry and NotPetya ransomware, to the ongoing armed conflict in Ukraine, state-sponsored cyber activities are challenging the international rules-based order. International law, as the cornerstone of international peace and security, also applies to these activities. Yet, important questions remain regarding the interpretation and application of this legal framework, which was mostly developed years before the dawn of the internet. In this context, States and other actors are striving to shape the interpretation and content of the rules of international law on cyber operations, and some States have developed the unprecedented practice of releasing interpretive statements on the matter. This presentation will analyze the positions adopted by France and other European States, along with the United States, and will also cover how questions pertaining to the application of international law to cyberspace are highly instrumentalized and politicized, with States and other actors competing for normative influence. Featuring: Dr. François Delerue, Assistant Professor of Law and a member of the Jean Monnet Centre of Excellence for Law and Automation (Lawtomation) at IE University. He is also an Associate Fellow of The Hague Program on International Cyber Security and the GEODE Center (Paris 8 University). His book Cyber Operations and International Law (Cambridge University Press, 2020) was awarded the 2021 Book Prize of the European Society for International Law.