Towards the Legal Protection of Critical Infrastructure in Africa Against Cyberwar and Cyberterrorism

Abstract

This article reviews the legal framework governing the protection of critical infrastructure in Africa with an emphasis on threats like cyberwar and cyberterrorism. As African governments and businesses increasingly depend on the internet and information systems, there is a need to enact appropriate laws to protect critical infrastructure from cyberattacks that could jeopardize the economic and national security postures of African countries. The article outlines the need for appropriate legal instruments to protect critical infrastructure as African businesses increasingly rely on the internet and information systems. The lack of adequate laws regulating critical infrastructure does not translate to the absence of critical infrastructure in African countries. Ghana, for instance, has a legal framework governing critical infrastructure. These infrastructures are common in most African countries but lack the required legal framework to protect them. It is important to note that despite the Budapest Convention and African Convention on Cybersecurity and Personal Data Protection, there is no international legal framework regulating cyberwar and cyberterrorism. Considering these factors, this article reviews Ghana's Cybersecurity Act and the Directive on Critical Information Infrastructure and uses the United States framework for comparative analysis. In addition to reviewing the types of attacks critical infrastructure could face, the article looks at the legal framework for managing incidents that could arise from cyberattacks targeting critical infrastructure.