Cyberneutrality: Discouraging Collateral Damage
The “cyberwar” in Ukraine is internationalized and may persist for years. In an effort to urge operational restraint among belligerents, neutral countries should insist on financial compensation for collateral damage from cyberattacks, argues Kevin Kohler in this CSS Policy Perspective.
Key Points
- Neutrality in cyberspace is not yet well defined and is significantly shaped by state practice and court cases during international armed conflicts.
- The Russian invasion of Ukraine has undermined international norms for restraint in cyberspace. The likely result is a permissive environment for offensive cyber operations.
- Historically, in airspace, the norm that collateral damage from attacks on neutral territory requires financial compensation has encouraged some operational restraint.
- Neutral states should claim financial compensation for collateral damage caused by cyberattacks. This will provide an incentive for belligerents to exercise restraint and to ensure that cyber operations are carefully targeted.