Is it Possible to Use Force in Cyberspace?
As shown by Pilar Llorens, the enormous expansion of technology techniques and the knowledge this has induced, there’s an increasing dependency from societies, from the civil structures, to the military affairs. As a result of this cyberspace security has become a main concern in the international community, this because the more heavily digitailzed a government is, more vulnerable this can be.
As such, cyberspace security turns into a transcendent matter for governments because this affair are extremely intrincated with national interest. Peaking an example of a crisis that might derived from such matters is the intelligence agencies located in the USA sames that assure that the russian government had tried to influence in the presidential elections gaining access to democrats and republicans informatic systems through an expert group dedicated to cyber espionage.
Is in this train of thoughts that one of the aspects that has caught the jurist attention is the application of a ius ad bellum, that is to say, a compound of norms that regulate the utilization of force in international relationship context.
Challenges from Cyberspace:
Any operation that takes place in cyberspace faces challenges for the law, particularly two aspects that are not easy to determine when facing cyber operations, this being, sovereignty and jurisdiction, because, does anyone knows the exact location of the cyberspace?
In terms of sovereignty each government steers in a fully and exclusive way regarding its own territory. Is in this way that it can be pointed out that sovereignty is intimately linked with a physical space, and being so that this space is intangible in the current subject is difficult for a government to steer in this matters.
However, different academics have pointed out that the government has, in one hand has authority of the cyber structures and whatever activity may be related with this infraestructures because this are located in a specific territory.
Finally, to what jurisdiction refers, this, as being understood as the authority to judge or be judge and apply laws in a specific time and place, is especially relevant due to it allowing to determine which is the government is responsible and accountable to prosecute and punish this cybernetic aggressors.