The Age of Digital Warfare: A Legal Analysis of International Law and National Security Policy of Pakistan

Abstract

In this modern age, where the concept of jurisdiction and sovereignty has entered a fourth dimension, the implementation of international law, which is a soft law, in the context of cyberspace opens a plethora of questions to explain regarding its adoption and application. This includes adopting the concept regarding interference in critical infrastructure as a violation of the principle of non-intervention. Where the National Cyber Security policy claims intervention as an act of aggression raises questions about its generality. In this new world, states need to step up and bring forward policies to counter this latest threat. It includes being part of a multinational treaty known as the Budapest Convention. Pakistan is taking steps with the introduction of policies and national laws like PECA to encounter cybercrimes, but this doesn’t enable it to acquire international support from states, and it will require more to join hands with the international fraternity.  There is ambiguity on different matters, which can be answered with debate and discussions among lawmakers and experts. At a time when countries like Pakistan are in a position to develop their cybersecurity system, the role of international organizations is important to help them enhance their structure so that they can provide clarity on terms such as cyber-attack, dispute settlement, and attribution, and the question of how they will address matters of jurisdiction to protect the idea of sovereignty.