Taiwan Urged to Classify Lethal Cyberattacks as Acts of War

Taiwan should classify cyberattacks that result in significant harm or loss of life as acts of war, according to Su Tzu-yun, a research fellow at the Institute for National Defense and Security Research. His comments highlight the need for a robust response to cyber threats, particularly as geopolitical tensions escalate in the region.

In March 2022, former Minister of National Defense Chiu Kuo-cheng expanded Taiwan’s definition of a “first blow” to include incursions by the Chinese People’s Liberation Army (PLA) into Taiwanese airspace. This change was prompted by a changing security landscape and increased “gray zone” tactics employed by Beijing. By June 2022, current Minister of National Defense Wellington Koo stated that the military would only respond with force in self-defense against Chinese actions, which encompass attacks on Taiwanese aircraft, ships, and infrastructure, as well as unauthorized entries into Taiwan’s territorial waters.

Su emphasized that while cyber operations are less visible than traditional military assaults, they can have equally serious consequences. He argued that most governments recognize that cyberattacks leading to casualties or significant damage should be regarded as acts that provoke war, known as casus belli. Taiwan, he suggested, should adopt this principle, ensuring that any military retaliation is proportional to the cyber aggression faced.

NATO’s Tallinn Manual supports the right of member countries to invoke Article 51 of the UN Charter, which allows for self-defense in the event of a cyberattack. Su pointed out that in 2019, the United States and Japan revised their Treaty of Mutual Cooperation and Security to explicitly include obligations for the US to defend Japan against cyber warfare threats.

He noted that countries like Israel take a more aggressive stance, often issuing warnings for cyberattacks traced back to groups such as Hamas before launching retaliatory airstrikes against the identified sources.

As Taiwan navigates a complex security environment, the conversation around how to treat cyber threats is increasingly urgent. With the potential for significant consequences arising from cyber operations, Taiwan’s government may need to re-evaluate its defense policies to address these evolving challenges effectively.