Can cyber warfare be justified by Just War Theory?

Yes, cyber warfare can be justified by Just War Theory under certain conditions.

Just War Theory, a doctrine of military ethics, is traditionally used to determine when a war is morally justifiable. It is divided into two parts: 'jus ad bellum' (the right to go to war) and 'jus in bello' (right conduct within war). To apply this theory to cyber warfare, we must consider these principles in the context of the digital realm.

Firstly, under 'jus ad bellum', a just war must have a just cause, be declared by a proper authority, possess right intention, have a reasonable chance of success, and be the last resort. Cyber warfare can meet these criteria. For instance, a state might engage in cyber warfare to defend itself against an imminent threat, which would constitute a just cause. The decision to engage in cyber warfare could be made by a proper authority such as a government or international organisation. The intention could be to protect national security or uphold international law, which would be a right intention. If diplomatic negotiations have failed and there is a reasonable chance that cyber warfare could neutralise the threat, then it could be considered the last resort.

Secondly, under 'jus in bello', the principles of proportionality and discrimination must be upheld. Proportionality means that the force used must be proportional to the threat faced, while discrimination requires that combatants distinguish between combatants and non-combatants, avoiding harm to the latter. In cyber warfare, these principles can be more challenging to uphold due to the interconnected nature of the digital world. However, if a cyber attack is carefully designed to target only military systems and avoid civilian infrastructure, it could potentially meet these criteria.

However, it's important to note that the application of Just War Theory to cyber warfare is a complex and contentious issue. The anonymous and borderless nature of cyber warfare raises unique ethical challenges that traditional Just War Theory may not fully address. For instance, attributing responsibility for a cyber attack can be difficult, which complicates the application of the 'proper authority' criterion. Furthermore, the potential for cyber attacks to cause widespread and indiscriminate harm challenges the principles of proportionality and discrimination. Therefore, while cyber warfare can potentially be justified by Just War Theory, it requires careful consideration and adaptation of the theory's principles.