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ARTICLE · 29 JANUARY 2014

If Cyberwars Erupt, Will Damages Be Recoverable

Duane Morris LLP
Duane Morris LLP
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Unfortunately, warfare has been part of the human experience for centuries and even millennia.

United StatesStrategy

Unfortunately, warfare has been part of the human experience for centuries and even millennia. Historically, wars were fought on the ground between individuals. Often, in more recent times, mass physical destruction has been caused from a distance, with bombs dropping from planes and missiles launched from remote locations.

And now, in the Internet age, wars can be waged electronically by purposely disrupting mission-critical systems of a perceived enemy state. Damages caused by such disruptions could be quite high, but there are potential international mechanisms by which such damages could be awarded.

'Conventional' War Reparations

To understand that point, let's use an example from the direct physical invasion of Kuwait by Iraq in 1990. As you likely will recall, Kuwait's oil fields were set ablaze, resulting in tremendous loss of oil assets and significant environmental harm.

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