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1 IRLJ 152 (2019)
A Human Rights Approach to Cyber Conflict

handle is hein.journals/inlrwolw1 and id is 561 raw text is: NKWOH & NNAWULEZI: A Human Rights Approach to Cyber Conflict A HUMAN RIGHTS APPROACH TO CYBER CONFLICT* Abstract In recent years, it has become apparent that conflict in cyberspace, attacks on cyber users has remained unabated. Conflicts in cyberspace refer to actions taken by parties to a conflict to gain advantage over their adversaries in cyberspace by using various technological tools and people-based techniques. Thus, conflict in cyberspace is different from conflict in physical space in many dimensions, and however, attributing hostile cyber operations to a responsible party can be difficult. This paper focuses on the importance of a human right approach to addressing these challenges, relying on the highest attainable standard of cyber operation as well as to civil and political rights. This paper also observed that the problems of defending against and deterring hostile cyber operations have remained intellectually unresolved. This paper in particular examines the United Nation Charter and the Geneva Convention that are relevant to cyber operations as a normative framework. Thus, it is noted that the relevance of the above conventions is today unclear since cyberspace is a new phenomenon compared to these conventions. Keywords: Human Rights, Cyber, Conflict, Approach, Cyber space 1. Introduction In this twenty-first century, it has become apparent that a new range of sophisticated methods is being developed. Deploying cyber techniques to attack vulnerabilities in communications and navigation system has become alarming. Thus, this paper shall examine the nature of conflict in cyberspace, the tools and techniques of such conflict, the offensive operations in cyberspace, the actors that might use these tools and techniques, and the reason why they might do so. However, since cyber-related technology is relatively new and is often multi-purpose and dual-use in nature, legislation lags behind. In addition, the limited states department of defence defines cyberspace as 'a domain characterized by the use of electronics and electromagnetic spectrum to store, modify and exchange data via networked systems and associated physical infrastructure'.' This paper rightly observed that cyberspace and cyber security points to the increasingly blurred line between 'offensive' and 'defensive' activities in cyber and space, given that technologically, offence is easier and cost-effective than defence.2 Also, the paper noted that more advanced countries are increasingly vulnerable to attack from less developed states, and from terrorist groups and other actors such as organized criminals. This paper however, warns that the conjunction of cyber and space remains vulnerable to exploitation in the context of complex and internationalized supply chains and space-related infrastructure. In the light of the above, the most important point of this paper is that it seeks to identify human rights approach and important questions associated with conflict in cyberspace, especially with respect to the International legal regime that governs such conflict. Indeed, this paper submits that the need to develop new knowledge and insight into the technical and legal instruments to support informed policy making in his area will provide analysts. This systematic challenge at the intersection of cyber and space security therefore requires a radical, innovative approach to build and maintain confidence in the use of the space domain. Human rights law applies all of these contexts. Its applicability to interference with cyberspace or other situations of cyber operations, however, has not been sufficiently explored. For instance, what is the extent of protection afforded to cyber operators, facilities in situation cyber-attacks? Thus, in cyber-attacks, do states have responsibilities to ensure adequate protection of facilities and cyber operators beyond those required by human rights law? This paper examines how human rights law can address these questions. Notably, human rights instruments are formulated in more general terms. Civil and political rights are the foundation of protection against attack, violence, discrimination and denial of rights.3 2. Understanding Conflicts in Cyberspace Conflict in cyberspace implies when parties to a conflict seek to gain advantage over their adversaries, by using various tools and techniques for exploiting certain aspects of cyberspace.4 More so, the tools and techniques of conflict in cyberspace can be separated into tools based on technology and techniques that focus on the human being. On the other hand, this paper noted that an offensive activity in cyberspace is seen as cyber-attack which *Jorge C. NKWOH, PhD, Senior Lecturer, Faculty of Law, Imo State University; and *Augustus Uche NNAWULEZI, PhD, Lecturer, Criminology and Security Studies, Alex Ekwueme Federal University Ndufu Alike, Ikwo. See the United States Department of Defense National Military Strategy for Cyberspace Operations, 2006 2 See Baylon, Challenges at the Intersection of Cybersecurity and Space Security, 2014. 3 See the Universal Declaration of Human Rights 4 This definition implies that armed conflict' or 'military conflict' are subsets and only subsets of the broader term 'conflict', which may entail a conflict over economic, cultural, diplomatic, and other interests as well as conflict involving military matters or the use of arms. Page 1 152