Constitutional Court of Bosnia and Herzegovina, Judge; Faculty of Law, University of Banja Luka, Full Professor; Academy of Sciences and Art of Bosnia and Herzegovina, Active Member; European Academy of Sciences and Arts, Active Member; Russian Academy of Natural Science, Foreign Member
Assistant Professor, MA (King’s College London), CMgr FCMI, Lieutenant Colonel, Legal service, Bosnia and Herzegovina Armed Forces
Prosecutor's Office of Bosnia and Herzegovina, Prosecutor; Faculty of Security and Protection, Independent University in Banja Luka, Associate Professor; Faculty of Law, University „Vitez“ in Vitez, Associate Professor
Received: 1 October 2020
Accepted: 2 November 2020
UDK: 341.48 343.43/.45:004.738.5
Pages: 23-37
doi: doi.org/10.47152/rkkp.58.3.2
This paper analyses historical, sociological and normative aspects of the cyber violence in international relations and international law, aiming to assess the adequacy of the extant international norms for its regulation. It results with the knowledge on the lack of international cooperation and a universal approach, the instrumentalisation of the internet as a means of warfare, lacunae in the relevant legal framework, and the peril of compromisation of the international law. Since the social jeopardy of activities in the cyberspace is hardly measurable and subjected to highly arbitrary interpretations, the problem of the uncertain peacetime or belligerent legal qualification of cyber activities is exposed. The other serios problem is a high risk from potentially disproportional responses of states to the cyber violence. Especially due to the lack of universal international institutions in the field of cyber, it must be concluded that the international lege lata applicable to the cyber violence is not adequate and sustainable. The progressive development of international cyber law is thus suggested, through the pacification of the internet and the international criminalisation of cyber violence.
KEY WORDS: Internet / Cyber warfare / Cyber law / Lawfare
