Accessibility navigation

The decline of international humanitarian law opinio juris and the law of cyber warfare

Schmitt, M. N. ORCID: and Watts, S. (2015) The decline of international humanitarian law opinio juris and the law of cyber warfare. Texas International Law Journal, 50 (2-3). pp. 189-231. ISSN 0163-7479

[img] Text - Published Version
· Restricted to Repository staff only
· The Copyright of this document has not been checked yet. This may affect its availability.


It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing.

Official URL:


This article sets forth thoughts regarding the performance of States, particularly the United States, in this informal process of the formation and evolution of international humanitarian, with particular attention paid to the IHL governing cyber operations. The discussion is decidedly non-cyber in nature. It is intentionally so, as the objective is to identify recent tendencies in the process that might foreshadow how IHL governing cyber operations is likely to develop absent a reversal of current trends. Our examination suggests that non-State actors are outpacing and, in some cases displacing, State action in both quantitative and qualitative terms. States seem reticent to offer expressions of opinio juris, often for good reasons. We argue that such reticence comes at a cost ⎯ diminished influence on the content and application of the IHL. In our view, States have underestimated this cost and must act to resume their intended role in the process

Item Type:Article
Divisions:Arts, Humanities and Social Science > School of Law
ID Code:89808
Publisher:University of Texas School of Law

University Staff: Request a correction | Centaur Editors: Update this record

Page navigation