Interrogating African Positions on State Sponsored Cyber Operations: A Review of Regional and National Policies and Legal Responses

There is potential that cyber capabilities can be deployed by States to achieve objectives that endanger international and regional peace and security. As such, there are growing concerns that State sponsored cyber operations can harm the critical infrastructure and information systems of other States. In Africa, regional organizations and States have established legal measures with a view to promoting norms for cybersecurity governance. However, to a large extent the focus on cybersecurity governance in Africa appears to be mainly directed towards curbing cybercrimes. While there is no doubt that existing African cybersecurity governance measures will help to promote cyber stability, it does not appear that such measures explicitly address State sponsored operations in cyberspace. Nevertheless, there are African regional and national legal instruments and declarations that appear to indicate the emergence of African positions on State sponsored cyber operations. However, an inquiry has not been undertaken to identify emerging African positions on international law and State sponsored cyber operations. Accordingly, this chapter seeks to inquire into emerging African positions on State sponsored cyber operations with a view to providing a picture as to how African States consider such operations within the context of international law. In so doing, the chapter will attempt to consider whether the positions of African States are in harmony with States in Northern America and Europe or Russia and China, or whether the positions of African States are not aligned with global cyber powers. The chapter will further consider challenges in identifying African positions on State sponsored cyber operations.