Understanding the Law Applicable to Information Warfare

Abstract

This project commenced as a consideration of ‘information warfare’ as a key emerging trend in national security. During the course of this project, however, due to the COVID-19 global pandemic and major upheavals in the global security context, the emphasis of the project had to also shift to encompass to the broader considerations of misinformation and disinformation as key strategies of information warfare. This shift reflected the ongoing uncertainty regarding both the scope of terminology such as ‘information warfare’ and where the legal boundaries lie and strategically where Australia (and other likeminded States) might like them to be. This Report identifies the defining characteristics of 'information warfare’ and how it is currently defined and applied in Australia. It then identifies the relevant domestic and international laws that apply to its characterisation and use. This information may then be used as the basis of information sharing with Five Eyes partners, to assess the common understanding and application of the legal boundaries of Information warfare.