SİBER SAVAŞLARDA JUS AD BELLUM VE JUS IN BELLO
JUS AD BELLUM AND JUS IN BELLO IN CYBER WARS

Summary/Abstract: The concept of war has been transforming since the Cold War period, and such transformation has been strengthened by “the war against terror” policy of the United States of America. In light of this conceptual transformation, it is no longer argued that wars take place only between states. New wars—which are asymmetric and do not have a limited war zone—have not changed traditional wars all together, instead, they have blurred the definitions and distinctions pertaining to traditional wars and added new concepts. The grey zones that have emerged due to these transformations have also led to the rise of new challenges and problems related to the implementation of the rules of international law. The normative evolution of international law and its implementations do not take place independently of international politics. In this vein, this article focuses on a question that has been underexplored especially in the International Relations literature, namely the applicability of jus ad bellum and jus in bello in new wars through the lenses of contestation theory. To this end, in its attempt to contribute the existing literature, it discusses how norms are contested in instances of cyber wars/attacks with reference to the specific cases of Estonia, Georgia and Stuxnet.

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