Towards a Militarization of Cyberspace?

The paper explores how cybersecurity is being shifted into the domain of warfare, a process the author argues contributes to greater military control over civilian networks. It analyzes three dominant legal models: the view that cyberwar is nearly impossible to regulate, the call for new international treaties, and the prevailing consensus that existing laws of armed conflict (LOAC) are sufficient. The author proposes a 'comprehensive legal approach' that coordinates multiple legal fields to address the full spectrum of cybersecurity threats beyond just the 'war' framing. The text also details the technical and legal difficulties of applying the UN Charter's use-of-force rules and the principles of distinction and proportionality to computer network attacks (CNA).

• The institutionalization of cyberwar is characterized by an increasing militarization of cyberspace, with countries establishing dedicated cyberwar units and the U.S. designating cyberspace as a "fifth domain" of warfare.
• A "cybersecurity-industrial complex" has emerged, where commercial actors and former government officials drive demand for cybersecurity solutions, with the worldwide market estimated at $140 billion annually.
• The 'cyber-doom' discourse, often propagated by private sector professionals, uses catastrophic scenarios to legitimize the application of the law of armed conflict and increase spending on offensive and defensive capabilities.
• There is a scholarly consensus that computer network attacks (CNA) can fall under the law of armed conflict, though the threshold for when a CNA constitutes a prohibited 'use of force' under Article 2(4) of the UN Charter remains contested.
• The 'effects-based approach' is used to determine if a cyber-attack is an armed attack by measuring its overall impact on the victim state, though 'hard cases' involving non-physical damage are difficult to classify.
• Attribution of cyber-attacks remains a significant technical and legal challenge, leading some to propose an 'overall control standard' of state responsibility for non-state actors operating within a state's territory.
• Under jus in bello, the principle of distinction is complicated by the 'dual-use' nature of the internet, where military and civilian critical information infrastructure are highly interconnected.
• The current structure of the internet makes it difficult for neutral states to comply with the 1907 Hague Convention, as cyber-attacks often pass through the nodes of neutral states without the state's knowledge or control.
• The author argues that focusing exclusively on 'cyberwar' as a national security threat may misspecify solutions, and instead advocates for a 'comprehensive legal approach' that coordinates telecommunications, cybercrime, and national security laws.

APA

Sandvik, K. B. (2012). Towards a Militarization of Cyberspace? Peace Research Institute Oslo. https://cdn.cloud.prio.org/files/270206d6-612b-4f9b-b5a3-f2ea6203ca74/Sandvik-Cyberwar-and-International-Law-PRIO-Paper-2012.pdf?inline=true

Chicago

Sandvik, Kristin Bergtora. Towards a Militarization of Cyberspace? Peace Research Institute Oslo, 2012. https://cdn.cloud.prio.org/files/270206d6-612b-4f9b-b5a3-f2ea6203ca74/Sandvik-Cyberwar-and-International-Law-PRIO-Paper-2012.pdf?inline=true.

Wikipedia

{{cite report |last1=Sandvik |first1=Kristin Bergtora |title=Towards a Militarization of Cyberspace? |publisher=Peace Research Institute Oslo |date=2012 |url=https://cdn.cloud.prio.org/files/270206d6-612b-4f9b-b5a3-f2ea6203ca74/Sandvik-Cyberwar-and-International-Law-PRIO-Paper-2012.pdf?inline=true |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{sandvik2012towards, author = {Sandvik, Kristin Bergtora}, title = {{Towards a Militarization of Cyberspace?}}, institution = {Peace Research Institute Oslo}, year = {2012}, url = {https://cdn.cloud.prio.org/files/270206d6-612b-4f9b-b5a3-f2ea6203ca74/Sandvik-Cyberwar-and-International-Law-PRIO-Paper-2012.pdf?inline=true}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }