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12 November 2022

Hybrid CoE Paper 15: Exploiting cyberspace: International legal challenges and the new tropes, techniques and tactics in the Russo-Ukraine War

Peter B.M.J. Pijpers

The Russian invasion of Ukraine saw new actors and novel activities exploiting cyberspace: Numerous non-state actors, hacker groups and commercial enterprises have entered the virtual battlespace without necessarily being belligerent entities. While states were already struggling with how to regulate activities in cyberspace, the new tropes, techniques and tactics have increased legal uncertainty. Intentionally exploiting these variances, in turn, will create legal asymmetry. Therefore, NATO and the EU could benefit from aligning their legal interpretations of international law applicable to cyberspace.

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