The regulation of cyber weapons

The chapter examines ways through which cyber weapons can be regulated. It first considers the weapons review mechanism introduced by Article 36 of Additional Protocol (I) to the Geneva Conventions (API). Its aim is to ensure that cyber weapons comply with IHL before they are fielded but the chapter points to a number of factors relating to reviews in general and to cyber weapons in particular that reduce the regulatory efficacy of this mechanism. The chapter then goes on to consider other forms of regulation such as through cyber arms control treaties and confidence building measures. It argues that cyber weapons pose certain challenges, the most serious of which concerns the issue of verification. All in all, it claims that cyber weapons defy existing regulatory models and that new thinking is needed.