Cyber-Mercenaries (E136)

Any quick net search for the term “cyber mercenary” will result in dozens, if not hundreds of entries. These concerns largely focus on the effect these persons or entities have on personal freedoms, economic activity, and the ability of hackers and States can work together to undermine human rights. What about cyber mercenaries and warfare? Can – or do – real mercenaries of the cyber domain of warfare actively participate in combat? If so, how can they disrupt armed conflict or undermine whatever humanitarian principles still exist in warfare? It took the international community years to catch up on the use of private military and security companies in armed conflict and we are still struggling with State-run quasi-mercenary organizations. We need to get ahead of cyberwarfare domain mercenaries now, while the genie is still peeking out from the bottle.

References:

Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907

International Committee of the Red Cross (2008) The Montreux Document On pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict. Geneve: International Committee of the Red Cross / Swiss Federal Department of Foreign Affairs

Melzer, Nils, Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, International Committee of the Red Cross, Geneva, 2009.

Music: Kiilstofte, P. Mercenaries, Machinamasound (Licensed)