Israel’s perspective on Key Legal and Practical Issues
Concerning the Application of International Law to Cyber
Operations
ejiltalk.org/israels-perspective-on-key-legal-and-practical-issues-concerning-the-application-of-international-law-tocyber-operations/
By Roy Schondorf
December 9, 2020
Transcript of the keynote speech delivered by Israeli Deputy
Attorney General (International Law), Dr. Roy Schöndorf, on
8 December, 2020 at the US Naval War College’s event on
“Disruptive Technologies and International Law”.*
I would like to present, here today, Israel’s perspective on key
aspects of the application of international law in connection with
cyber operations, with a particular emphasis on issues related to
the use of force and armed conflicts.
The question of how international law adapts to emerging
technologies is one of the most challenging faced by legal
advisers. These challenges compel us to revisit notions that have
been with us for decades, and sometimes centuries. We can see
this in the fields of artificial intelligence, blockchain, and, of course, in the context of cyber
operations.
Israel considers that international law is applicable to cyberspace, and this is a view that has
become almost axiomatic for a vast majority of States. However, when seeking to apply
particular legal rules to this domain, we are mindful of its unique features.
These unique features shape policy and affect the legal framework applicable to the cyber
domain. I wish to shortly address some of them. First, cyber operations are conducted
through a global network, passing through infrastructure located in multiple jurisdictions, and
lack, in and of themselves, any meaningful physical manifestation. Second, much of the
cyber infrastructure is held and controlled by the private sector and civilian components are a
major part of the picture. Thus, regulation of the cyber domain may have various social and
economic implications as well. Third, the cyber domain is highly dynamic, given the fast pace
of technological developments and innovation. The development of international legal rules,
on the other hand, is a more gradual process. This is understandable since these rules are
designed to stand the test of time and are not easily amended.
All these factors taken together suggest that an extra layer of caution must be exercised in
determining how exactly international legal rules apply to cyber operations, and in evaluating
whether and how additional rules should be developed. We, as government and military legal
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