Do Nations Have the Right To Kill Enemy Hackers?

Nerval's Lobster writes "Cyber-attacks are much in the news lately, thanks to some well-publicized hacks and rising concerns over malware. Many of these attacks are likely backed in some way by governments anxious to seize intellectual property, or simply probe other nations' IT infrastructure. But do nations actually have a right to fire off a bomb or a clip of ammunition at cyber-attackers, especially if a rival government is backing the latter as part of a larger hostile action? Should a military hacker, bored and exhausted from twelve-hour days of building malware, be regarded in the same way as a soldier with a rifle? Back in 2009, the NATO Cooperative Cyber Defence Centre of Excellence (which also exists under the lengthy acronym NATO CCD COE) commissioned a panel of experts to produce a report on the legal underpinnings of cyber-warfare. NATO CCD COE isn't funded by NATO, and nor is it a part of that organization's command-and-control structure—but those experts did issue a nonbinding report (known as "The Tallinn Manual on the International Law Applicable to Cyber Warfare") exploring the ramifications of cyber-attacks, and what targeted nations can do in response. It's an interesting read, and the experts do suggest that, under circumstances, a nation under cyber-attack can respond to the cyber-attackers with "kinetic force," so long as that force is proportional. Do you agree?"

Re:WARNING

[bloodhawk]

Perhaps you should go reread the Geneva convention. It is actually very explicit about protection of civilians, your country being at war does not in any way open its citizens up to attack under the convention. The Fourth Geneva Convention is all about protection of non combatants in a war zone.