and the nature of the threat posed to society. Armed conflict does not occur in isolation. Society will still have to be governed according to human rights norms. Incorporation of IHRL principles of accountability can have a positive impact on the regulation of the use of force during armed conflict.253 The Appeals Chamber’s decision in Tadic, the Statute of the ICTR, and the Rome Statute of the ICC have recognized the need to expand the reach of the accountability process under IHL to conflicts of all types,254 as has had the Inter-American Court of Human Rights which has applied IHL to several cases. In Abella, for example, the IACHR relied on the “concerted nature of the hostile acts undertaken by the attackers, the direct involvement of governmental armed forces, and the nature and level of violence” in deciding that IHL should be applied.255 The ECHR has reached a similar conclusion in Ergi v. Turkey.256
The dual track legal framework described above is applicable to CNAs that do not rise to the level of an armed attack as well as those that do. Yet the regime is by no means preferable to the adoption of a comprehensive treaty dealing exclusively with cyber security. Such a regime should (1) define when a CNA rises to the level of an armed conflict, (2) clarify which provisions apply during armed conflicts, and (3) provide for enforcement mechanisms. Several U.S. government agencies maintain that
253 Watkin, supra note 93.
255 IACHR, Report No. 55/97 (Case 11.137, Abella v. Argentina), in Annual Report of the CIDH 1997, OEA/Ser.L/V/II.98, doc. 7 rev., April 13, 1998, at 307. See also, A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, Vol. I, 1st ed. (Sérgio A. Fabris ed. 1997) at 269-80 (examining the normative, interpretive and operative relationship between human rights, humanitarian, refugee law). The American Declaration had its genesis in the recognition that the atrocities of World War II had demonstrated the linkage between respect for human rights and peace, the threat to fundamental rights in times of war, and the need to develop protections independent of the reciprocal undertakings of states.