The utilization of cyber operations in armed conflict is a fact of life and on top of the agenda worldwide. When Russia began a large-scale military invasion in Ukraine in February 2022, many...Show moreThe utilization of cyber operations in armed conflict is a fact of life and on top of the agenda worldwide. When Russia began a large-scale military invasion in Ukraine in February 2022, many anticipated the kinetic action to be accompanied by comprehensive cyber operations. So far, cyber operations in Ukraine appear to be somewhat subdued. These cyber operations are covered by international humanitarian law (IHL) to the extent that they have a connection to armed conflict. The cyber operations that have been undertaken so far have been on the borderline of some of the most debated issues in the law regarding cyber operations. Although there is consensus that IHL applies to cyber operations during armed conflict, there is still discussion on how notions of IHL apply to cyber operations during armed conflict. Issues about the notion of “attack” and the notion of “object” are widely debated among scholars, but there is still no common understanding of the concepts. Several scholars have provided different approaches on how to apply both notions. However, the shortcoming of these different approaches is that they discuss the notions in theory, but don’t apply them in practice. This thesis wants to fill the gap of the how-question in practice by applying the key notions of “attack” and “object” of IHL to a cyber operation during an armed conflict that has already happened: the Russian-Georgian cyber conflict. This reveals that a combination of the approaches for both notions will provide the best outcome.Show less
In 2018, the US Department of Defense announced its new National Cyber Strategy. With other actors in cyberspace becoming increasingly aggressive and potent, this strategy is designed to establish...Show moreIn 2018, the US Department of Defense announced its new National Cyber Strategy. With other actors in cyberspace becoming increasingly aggressive and potent, this strategy is designed to establish the US as a capable and functional actor in the domain. This new national cyber strategy differs greatly from the previous deterrence-based approach, illustrating a major shift in strategic thinking. The US military has now moved away from deterring enemies through denial and cost imposition, and introduced two new concepts instead: Persistent Engagement & Defend Forward, PE/DF for short. As cyberspace has grown to be the backbone of modern society, this change is significant for both scholars and the rest of the world. Through a case study of the US military, this thesis aims to investigate how this new strategy influenced the manner in which the US military conducts cyber operations. The results of this research show that the US has become significantly more aggressive, pro-active, streamlined, diverse in methods and in general capable in engaging with hostile actors in cyberspace.Show less
