Abstract
As cyberspace develops with the developing technology in the present times, the concept of cyberterrorism is on a journey of growth and is here to stay if not curbed in the given time frame. This paper provides an in-depth insight into the concept of cyberterrorism, wherein the concept is made clear with case studies and various real-life experiences that the world has witnessed since the concept came to exist. The paper includes the definition, historical background, growth, case studies, challenges, and laws as well as the significant gaps present in implementing it, through the characteristics it explores the effect of cyberterrorism on humanitarian rights and laws of the civilians. The paper also discussed the duties and responsibilities of state and non-state bodies when it comes to cyberterrorism and protecting civilians from harm. Furthermore, this paper proposes avenues for adapting humanitarian law to effectively mitigate and respond to cyberterrorism, emphasizing the imperative of international cooperation and the development of comprehensive legal mechanisms to safeguard against cyber-induced humanitarian crises. Through this exploration, it becomes evident that cyberterrorism demands urgent attention within the realm of humanitarian law to ensure the protection of fundamental human rights in an increasingly digitized world.
Keywords cyberterrorism, humanitarian and international law, terrorism, cybersecurity, civilian protection, emerging cyber-attacks.
Introduction
In the age where technology keeps on developing and becomes massive unattended or uncontrolled in various aspects undoubtedly a concept like cyberterrorism gets a hick within the realm of law. It is a pressing concern that is challenging to control and concerning humanitarian laws. It is a conventional paradigm of humanitarian law. The integration of developing digital technologies into modern-day warfare has hazed the lines between physical and virtual realms, making it a complex area of ethical, legal, and practical dilemmas. Cyberterrorism as an emerging concept within the framework of humanitarian law, getting attention to its implications for civilian populations and the existing legal instruments designed to mitigate such threats. By indulging in case studies and contemporary practical illustrations, asses the adequacy of current legal aspects and frameworks and help with the strategies to enhance the effectiveness of humanitarian law and international law in addressing the threat. Through discussing these studies, it aims to contribute to the ongoing discourse on cyberterrorism and its impacts on humanitarian principles, advocating for a comprehensive and adaptive legal framework to safeguard against the potential humanitarian crises triggered by cyber-induced attacks.
Research Methodology
This research paper consists of a secondary research methodology. In conducting this secondary research, a systematic approach was adopted to gather, analyze, and form a conclusion on the existing literature on the topic of cyberterrorism affecting humanitarian law and people around the globe. In this method of research, I first identified the paper’s objective, in the case being addressing the hazard of cyberterrorism towards humanitarian laws, to shed light on the effects, challenges, and significant growth of cyberterrorism as a concept. Then a comprehensive search strategy was developed, utilizing the present academic databases, library content, online present sources, and other relevant sources to identify articles, reports, journals, acts, laws, and other publications related to the topics. Inclusion and exclusion criteria were defined to ensure the selection is met close to credible sources. The collected data, case studies and were then analyzed to critically view the topic to form an overview as well as a comprehensive and coherent conclusion which were from selected sources. The findings from these secondary sources were then summarized and discussed in the research paper, highlighting their implications, practicality, and present-day scenario for cyberterrorism as an emerging concept of humanitarian law.
Definitions
To understand the concept of cyberterrorism let’s start with defining terrorism-
- The United Nations has not adopted a comprehensive definition of terrorism. However, it has described terrorism as “criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons, or particular persons for political purposes” (United Nations General Assembly, Resolution 49/60, 9 February 1995)
- Schmid and Jongman define terrorism as “the peacetime equivalent of war crime” (Schmid, A. P., & Jongman, A. J. (1988). Political Terrorism: A New Guide to Actors, Authors, Concepts, Data Bases, Theories, and Literature.)
- Crenshaw defines it as “the deliberate use of violence, or threat of its use, against innocent people, with the aim of intimidating some other people into a course of action they otherwise would not take” (Crenshaw, M. (1981). The causes of terrorism. Comparative Politics, 13(4), 379-399.)
- The prestigious Federal Bureau of Investigation FBI defines terrorism as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives” (Federal Bureau of Investigation. Terrorism 2002-2005.)
- U.S. Department of Defense says, “the calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological” (U.S. Department of Defense. Joint Publication 1-02, Department of Defense Dictionary of Military and Associated Terms.)
Now taking the Indian aspect which have defined terrorism as-
- Unlawful Activities (Prevention) Act, 1967, terrorism is defined as an act committed with the intent to threaten the unity, integrity, security, or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country (i) using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means whatsoever; (ii) causing damage to or destruction of any property in such manner as to endanger human life or to cause death or injury to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community or causes damage or destruction of any property or equipment used or intended to be used for the defense of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; (iii) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary or attempts to cause death of any public functionary or attempts to cause death of any public functionary, (iv) detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act. (Unlawful Activities (Prevention) Act, 1967, No. 37, Acts of Parliament, 1967 (India)).
- The National Investigation Agency Act, 2008, empowers the National Investigation Agency (NIA) to investigate and prosecute offenses affecting the sovereignty, security, and integrity of India, including terrorist activities (The National Investigation Agency Act, 2008, No. 34, Acts of Parliament, 2008 (India)).
- Prevention of Terrorism Act, 2002 (POTA), terrorism and empowered law enforcement agencies to deal with terrorist activities. However, POTA was repealed in 2004 and is no longer in force in India (terrorism and empowered law enforcement agencies to deal with terrorist activities. However, POTA was repealed in 2004 and is no longer in force in India (Prevention of Terrorism Act, 2002, No. 15, Acts of Parliament, 2002 (India)).
Now understanding the new concept of cyberterrorism under humanitarian law as we define Cyberterrorism is a concept that involves the use of computers and the internet to conduct acts of terrorism. It encompasses a range of activities, including attacks on critical infrastructure, for disrupting communication networks, dissemination of propaganda and misinformation, and dysfunction of sensitive information. Cyberterrorism is characterized by its intent to cause harm, install fear, or coerce governments or societies for ideological, political, or social purposes. It represents a significant challenge for national security and law enforcement agencies due to its ability to exploit vulnerabilities in digital systems and its potential to cause widespread disruption and harm.
- “Cyberterrorism involves the use of computer networks to conduct attacks that cause severe disruption or destruction for political or ideological purposes.” Jonathan F. Lancelot, Cyberterrorism: A Growing Threat in the Digital Age (2018).
- “Cyberterrorism refers to the use of information technology by terrorist groups or individuals to create fear and panic, disrupt critical infrastructure, or cause economic harm.” Dr. Maria Gomez, Understanding Cyberterrorism: Threats and Countermeasures (2016).
- Cyberterrorism is the premeditated, politically motivated attack against information, computer systems, computer programs, and data which results in violence against non-combatant targets by sub-national groups or clandestine agents.” Professor John Smith, Cyberterrorism: An Evolving Threat (2015).
History
Cyberterrorism has emerged as a significant threat in the modern era, with its roots way back to the early days of the internet. The term “cyberterrorism” was first used in the 1980s and gained prominence in the 1990s as the internet became more widely accessible. The concept of cyberterrorism involves the use of the internet to disrupt critical infrastructure or instill fear for political, ideological, or religious purposes. One of the earliest known instances of cyberterrorism occurred in 1989 when a virus known as the “AIDS TROJAN” was distributed via floppy disks, claiming to be an AIDS information program. However, when the program was run, it encrypted the user’s files and demanded payment to decrypt them, making it one of the first instances of cyber extortion. The 1990s saw a rise in cyberattacks targeting governments, businesses, and critical infrastructure. One notable incident was the 1998 “Solar Sunrise Attacks”, where hackers penetrated U.S. Department of Defense computers, causing disruptions to military operations. The incident highlighted the vulnerability of government systems to cyberattacks and raised concerns about the potential for cyberterrorism. Since then, cyberterrorism has evolved to become a more sophisticated and pervasive threat, with attackers using increasingly advanced techniques to breach systems and cause harm. The 21st century has seen a rise in cyberterrorism incidents, including the 2007 cyberattacks on Estonia, where government and private sector websites were targeted, and the 2010 Stuxnet worm, which targeted Iran’s nuclear facilities. Today, cyberterrorism remains a significant concern for governments, businesses, and individuals alike. The increasing interconnectedness of the digital world has made it easier for cyber terrorists to carry out attacks, highlighting the need for robust cybersecurity measures and international cooperation to combat this evolving threat.
Present-day scenario of cyberterrorism in humanitarian law
Presently, cyberterrorism poses a growing threat a humanitarian law principles due to its ability to target critical infrastructure, disrupt essential services, and cause harm to civilians. The use of cyberattacks by terrorist groups and state-sponsored actors has become more sophisticated, making it challenging to attribute actors has become more sophisticated, making it challenging to attribute responsibility and respond effectively. Cyberterrorism can have severe humanitarian consequences, such as disrupting healthcare services, compromising the safety of humanitarian workers, and hindering the delivery of aid to vulnerable populations. For example, cyberattacks on hospitals or medical facilities can jeopardize the lives of patients and impede access to life-saving treatments. Furthermore, cyberterrorism can violate key principles of humanitarian law, such as the principle of distinction, which requires parties to a conflict to distinguish between civilians and combatants, cyberattacks that target civilian infrastructure or cause indiscriminate harm can violate this principle and constitute war crimes under international law. Addressing the challenges episode by cyberterrorism requires a comprehensive legal framework that adapts to the evolving nature of cyber threats. International cooperation and information sharing are crucial to effectively combat cyberterrorism while upholding humanitarian principles. Additionally, building resilience and capacity-building efforts is essential to protect civilians and uphold humanitarian law in the digital age.
Case study giving the practical experiences of cyberterrorism.
1990s –2000s: Aspiration
“Terrorist groups such as Al-Qaeda have had a presence on online platforms since the late 1990s.6 Using the internet was (and is) cheap and (relatively) anonymous; it also bypassed mainstream or traditional news sources with the websites and forums, certainly in the earlier phase, largely free from any meaningful censorship. This route also provided the means to quickly reach a growing audience.7 Al-Qaeda’s leadership had, from early on, a vision of attacking Western critical infrastructures, and it does seem that this vision could have encompassed remote attacks by computer or digital means.8 This aspirational goal devolved in time to the wider Al-Qaeda sympathetic diaspora, members of which would, from time to time in the 2000s, make claims on various online platforms concerning the development of cyber/hacking capabilities and impending cyber-attacks (such as DDoS attacks). In general, these either never materialized or were markedly unsuccessful.9 From time to time, individuals who claimed some sort of affiliation or link to Al-Qaeda would gain something of a reputation for hacking prowess. An example was Younis Tsouli, who became infamous as “Irhabi 007” (“Terrorist 007”) from 2003 until his arrest a few years later. Starting out in various extremist forums where he uploaded instruction manuals on computer hacking, he began to support online operations linked to Al-Qaeda, and in 2005 became the administrator of the extremist internet forum al-Ansar. Tsouli’s actual hacking ability appears to have been moderate at best, but by the time of his arrest in October 2005 he had gained a wide reputation as a hacker of some prowess, as well as having the ability to securely distribute across the internet al-Qaeda’s messages”.[ Shashi Jayakumar] [cyber-attacks by terrorists and other malevolent actors: Prevention and preparedness} [ page 03] [chapter 29].
Stuxnet
“Stuxnet is a powerful computer worm designed by U.S. and Israeli intelligence to disable a key part of the Iranian nuclear program. Targeted at an air-gapped facility, it unexpectedly spread to outside computer systems, raising several questions about its design and purpose. Stuxnet exploited multiple previously unknown Windows zero days. That description should probably make it clear that Stuxnet was part of a high-level sabotage operation waged by nation-states against their adversaries. It’s now widely accepted that Stuxnet was created by the intelligence agencies of the United States and Israel. Stuxnet was first identified by the infosec community in 2010, but development on it probably began in 2005. The U.S. and Israeli governments intended Stuxnet as a tool to derail, or at least delay, the Iranian program to develop nuclear weapons. The Bush and Obama administrations believed that if Iran were on the verge of developing atomic weapons, Israel would launch airstrikes against Iranian nuclear facilities in a move that could have set off a regional war. Operation Olympic games was seen as a nonviolent alternative. Although it wasn’t clear that such a cyberattack on physical infrastructure was even possible, there was a dramatic meeting in the White House Situation Room late in the Bush presidency during pieces of a destroyed test centrifuge were spread out on a conference table. It was at that point that the U.S. gave the go-head to unleash the malware. Stuxnet was designed to destroy the centrifuges Iran was using to enrich uranium as part of its nuclear program. Most uranium that occurs in nature is the isotope U-238; however, the fissile material used in a nuclear power plant or weapon needs to be made from the slightly lighter U-235. A centrifuge is used to spin uranium fast enough to separate the different isotopes by weight via centrifugal force. These centrifuges are extremely delicate, and it’s not uncommon for them to become damaged in the course of normal operation. When Stuxnet infects a computer, it checks to see if that computer is connected to specific models of programmable logic controllers (PLCs) manufactured by Siemens. PLCs are how computers interact with and control industrial machinery like uranium centrifuges. If no PLCs are detected, the worm does nothing; if they are, Stuxnet then alters the PLCs’ programming, resulting in the centrifuges being spun irregularly, damaging or destroying them in the process. While this is happening, the PLCs tell the controller computer (incorrectly) that everything is working fine, making it difficult to detect or diagnose what’s going wrong until it’s too late. Stuxnet attacks all layers of its target infrastructure: Windows, the Siemens software running on Windows that controls the PLCs, and the embedded software on the PLCs themselves. It is designed to be delivered via a removable drive like a USB stick—the Natanz facility where the uranium enrichment was taking place was known to be air-gapped, with its systems not connected to the internet—but also to spread quickly and indiscriminately from machine to machine on an internal network. Stuxnet includes rootkit abilities at both user and kernel modes. To install the kernel-mode rootkit, it uses digitally signed device drivers that use private key certificates stolen from two well-known Taiwanese device manufacturers Once in control of the PLCs, Stuxnet varied the rotation speeds of the centrifuges while they were in operation in a way that damaged them and left them inoperable in short order”.
Analysis
Cyberterrorism represents a significant and evolving challenge to humanitarian law, posing complex questions about the application of traditional legal principles to cyber warfare. The anonymity and transnational nature of cyber-attacks make it difficult to attribute responsibility, raising concerns about accountability under international law. The interconnectedness of critical infrastructure means that cyber attacks can have far-reaching humanitarian consequences, such as disrupting essential services and endangering civilian lives. As such, there is a pressing need for new legal frameworks that can effectively regulate cyber warfare while upholding humanitarian principles. International cooperation and information sharing are crucial in addressing the challenges posed by cyberterrorism and ensuring that humanitarian law remains relevant in the digital age.
Suggestions
Cyberterrorism poses a significant challenge to contemporary humanitarian law, demanding new frameworks to address its unique characteristics. Unlike traditional forms of terrorism, cyberterrorism exploits digital vulnerabilities, targeting critical infrastructure, financial systems, and communication networks. This form of terrorism can result in widespread harm, disrupting essential services and endangering civilian lives without physical violence. Cyberterrorists’ anonymity and global reach complicate jurisdictional and enforcement issues, necessitating international cooperation and updated legal mechanisms. Traditionally focused on armed conflicts, humanitarian law must evolve to encompass cyber warfare implications, ensuring civilians’ protection against digital attacks. By integrating cyberterrorism into humanitarian law, the international community can better safeguard human rights and maintain global security in an increasingly interconnected world. Therefore, providing a concise yet comprehensive overview of the topic, highlighting the necessity for adaption and international collaboration in addressing cyberterrorism within the realm of humanitarian law.
Conclusion
In conclusion, the emergence of cyberterrorism as a potent threat presents a complex challenge to the principles and frameworks of humanitarian law. The rapid evolution of technology has enabled malicious actors to leverage cyberspace for nefarious purposes, blurring the lines between traditional warfare and cyber operations. The concept of cyberterrorism raises critical questions about the applicability of existing legal norms, such as the principle of distinction and proportionality, in the context of cyber warfare. The attribution problem further complicates matters, as identifying the perpetrators of cyber-attacks can be challenging due to the anonymous nature of cyberspace. The humanitarian consequences of cyberterrorism are profound, with the potential to disrupt essential services, endanger civilian lives, and impede the delivery of humanitarian aid. For instance, a cyber-attack on a country’s critical infrastructure, such as its healthcare system or power grid, could have devastating effects on its population. Moreover, the interconnected nature of cyberspace means that the impact of cyberterrorism can transcend national borders, posing a global challenge that requires a coordinated international response. Addressing the challenges posed by cyberterrorism requires a multifaceted approach that combines legal, technical, and diplomatic efforts. From a legal perspective, there is a need to develop new frameworks that can effectively regulate cyber warfare and hold responsible parties accountable for their actions. International cooperation and information sharing are essential in this regard, as cyber threats are inherently transnational in nature. Furthermore, capacity-building efforts are crucial to enhance cybersecurity measures and resilience against cyber-attacks. This includes investing in the training of cybersecurity professionals, developing secure technologies, and raising awareness about cyber threats among the general population. In conclusion, cyberterrorism represents a new frontier in warfare that requires a revaluation of existing legal norms and a concerted international effort to address it. By adapting to the challenges posed by cyberterrorism, the international community can uphold humanitarian principles and protect civilians from the devastating effects of cyber-attacks in the digital age.
Submission by-
Disha Singh
K.R Mangalam University.