International Law and the Regulation of Cyberoperations Below the Jus Ad Bellum Threshold. An Irish Cybersecurity Perspective

Josep Borrell, Vice President of the European Commission, set out his fears that EU was at risk being “always principled but seldom relevant” (2021, p. 2). International law could be said to similarly threatened, particularly in relation cyberoperations, respect which its application has been strongly challenged. While states now broadly agree international applies cyberspace, how it remains uncertain and contested. This paper analyses why cyberspace so fraught with difficulties considers whether can provide Irish State a means enhancing cybersecurity deterring state-led cyberoperations below threshold armed conflict. The finds is problematic due manifestation jus ad bellum threshold, challenging geopolitical environment inhibits agreement on principles cyberoperations. an object dispute (Delerue, Douzet, & Gery, 2020, 15) arguments represent states’ strategic positions evolving power struggle. that, as are transnational, unilateral responses cannot effective, small have interest promoting norms create more favourable environment. concludes continues exert normative force state behaviour, potential regulate sub-threshold part comprehensive approach cybersecurity.