An Inspection Regime for Cyber Weapons: A Challenge Too Far?

Two of the most pressing questions concerning international peace and security today are how to avoid an escalation of conflicts in cyberspace and how to ensure responsible behavior and accountability of states in their use of information and communication technologies. With more than thirty states...

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Bibliographic Details
Main Author: Przemysław Roguski
Format: Article
Language:English
Published: Cambridge University Press 2021-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772321000064/type/journal_article
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Summary:Two of the most pressing questions concerning international peace and security today are how to avoid an escalation of conflicts in cyberspace and how to ensure responsible behavior and accountability of states in their use of information and communication technologies. With more than thirty states now possessing offensive cyber capabilities and cybersecurity incidents such as Stuxnet, WannaCry, and NotPetya causing significant physical effects or financial damage, there is a clear need to find a better way to manage security risks connected with the use of increasingly sophisticated cyber means by states. At present, this issue is on the agenda of two United Nations groups and is mainly addressed through a “framework for responsible behavior of states” consisting of international law, voluntary and non-binding norms, and confidence-building measures for states’ use of information and communication technologies. What the current discussions do not address, however, is whether the security risks could also be regulated through an arms control and inspection regime for cyber weapons. While such a regime has been proposed by scholars, states remain skeptical or even actively opposed to efforts to impose traditional arms control measures on offensive cyber capabilities. This essay examines why a cyber weapons inspection regime is so difficult to devise. It argues that due to their nature and mode of functioning, cyber weapons significantly differ from traditional nuclear, chemical, or biological weapons, such that mechanisms established by traditional arms control treaties either will not work or will not be agreed to by states. Instead, new regulatory approaches are necessary.
ISSN:2398-7723