Cyber Attacks And The Law Of War
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Cyber Warfare And The Laws Of War
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Author : Heather Harrison Dinniss
language : en
Publisher: Cambridge University Press
Release Date : 2012-07-19
Cyber Warfare And The Laws Of War written by Heather Harrison Dinniss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-19 with Law categories.
An analysis of the status of computer network attacks in international law.
Cyber War
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Author : Jens David Ohlin
language : en
Publisher: OUP Oxford
Release Date : 2015-03-19
Cyber War written by Jens David Ohlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-19 with Law categories.
Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
Journal Of Law Cyber Warfare The New Frontier Of Warfare
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Author : Daniel Garrie
language : en
Publisher: Lulu.com
Release Date : 2013-11
Journal Of Law Cyber Warfare The New Frontier Of Warfare written by Daniel Garrie and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11 with Law categories.
FOREWORD Cyber Warfare, What are the Rules? By Daniel B. Garrie ARTICLES Cyber Attacks and the Laws of War By Michael Gervais If You Wish Cyber Peace, Prepare for Cyber War: The Need for the Federal Government to Protect Critical Infrastructure From Cyber Warfare. By Michael Preciado They Did it For the Lulz: Future Policy Considerations in the Wake of Lulz Security and Other Hacker Groups' Attacks on Stored Private Customer Data By Jesse Noa A New Perspective on the Achievement of Psychological Effects from Cyber Warfare Payloads: The Analogy of Parasitic Manipulation of Host Behavior By Dr. Mils Hills
Cyber Attacks And The Legal Justification For An Armed Response Need To Clarify Definition Of Cyberattack Legal Guidelines Law Of War And Armed Conflict Severity And Human Casualties
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Author : U S Military
language : en
Publisher: Independently Published
Release Date : 2018-09-27
Cyber Attacks And The Legal Justification For An Armed Response Need To Clarify Definition Of Cyberattack Legal Guidelines Law Of War And Armed Conflict Severity And Human Casualties written by U S Military and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-27 with categories.
When is an armed response to cyber attacks legally justified? International law does not refer to cyber, cyber attack targets, or the effects of a cyber attack in the same manner that it addresses conventional attacks, target selection, and effects. Cyber attacks are certainly not a new phenomenon and have been a growing threat for more than thirty years, resulting in the current potential for causing catastrophic harm. Existing sources of international law sufficiently provide the legal justification required for armed response despite not directly using cyber terminology. The analysis provided in this monograph addresses the need for clarification of the legal and political justification for armed response to a cyber attack. Political leaders must have the legal justification for armed response but must also mitigate political risk. This monograph proposes policy factors to be used to decide whether armed response that is legally justifiable is warranted. Political leaders need to determine the likelihood of attack, and look at the effects of multiple types of scenarios, not just the worst case. Contents: 1. Introduction 2. The Need for Clarification of the Definition of a Cyber Attack 3. Legal Guidelines 4. Policy and Armed Response 5. Conclusion The focus on whether cyber attacks are "acts of war" is misplaced and creates a perception that the United States will respond to a cyber attack with a declaration of war. A declaration of war is only one, and not the most commonly used, form of armed response. Armed response for cyber attacks is more likely to occur as an Authorization for the Use of Military Force (AUMF) since formal declarations of war have fallen out of favor. Since World War II, the preferred method of armed response from the United States is an AUMF, a form of response that dates back to 1798. Another implication of the bill is that current international law does not provide adequate guidance for armed response to cyber attacks. In fact, the existing legal framework of international law is sufficiently applicable to an armed response to cyber attacks and was purposely written to be broad enough to incorporate new concepts, technology, and terminology. The analysis provided in this monograph addresses the need for clarification of the legal and political justification for armed response to a cyber attack. Understanding when an armed response to cyber attacks is legally justified begins with understanding the various definitions of cyber attack. Simultaneously describing the circumstances of the growing cyber problem demonstrates how the history of cyber attacks has led to demands for the clarification of the permissibility of an armed response. Existing sources of international law provide the legal justification required for armed response despite not directly using cyber terminology. A comparison of how cyber attacks conform to the language used to define conventional attacks further supports the claim that existing law is sufficient. An analysis of current cyber policy demonstrates that the United States considers existing international law sufficient, offering additional support for the sufficiency of current law. This monograph proposes policy factors to be used to decide whether armed response that is legally justifiable is warranted. Finally, hypothetical illustrations provide what-if scenarios that are outside the norms of conventional attacks to which existing international law and the proposed factors for decisions can be applied to determine if an armed response is legally justified and politically advisable.
Cyber Attacks And The Exploitable Imperfections Of International Law
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Author : Yaroslav Radziwill
language : en
Publisher: BRILL
Release Date : 2015-07-28
Cyber Attacks And The Exploitable Imperfections Of International Law written by Yaroslav Radziwill and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-28 with Law categories.
At its current rate, technological development has outpaced corresponding changes in international law. Proposals to remedy this deficiency have been made, in part, by members of the Shanghai Cooperation Organization (led by the Russian Federation), but the United States and select allies have rejected these proposals, arguing that existing international law already provides a suitable comprehensive framework necessary to tackle cyber-warfare. Cyber-Attacks and the Exploitable Imperfections of International Law does not contest (and, in fact, supports) the idea that contemporary jus ad bellum and jus in bello, in general, can accommodate cyber-warfare. However, this analysis argues that existing international law contains significant imperfections that can be exploited; gaps, not yet filled, that fail to address future risks posed by cyber-attacks.
Routledge Handbook Of War Law And Technology
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Author : James Gow
language : en
Publisher: Routledge
Release Date : 2019-05-15
Routledge Handbook Of War Law And Technology written by James Gow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-15 with Political Science categories.
This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections: Law, war and technology Cyber warfare Autonomy, robotics and drones Synthetic biology New frontiers International perspectives. This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.
Cyber Operations And International Law
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Author : François Delerue
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-19
Cyber Operations And International Law written by François Delerue and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Law categories.
This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
Cyber Warfare
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Author : Johann-Christoph Woltag
language : en
Publisher:
Release Date : 2014
Cyber Warfare written by Johann-Christoph Woltag and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Information warfare (International law) categories.
In the last five years the topic of cyber warfare has received much attention due to several so-called "cyber incidents" which have been qualified by many as State-sponsored cyber attacks. This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility. By reference to treaty and customary international law, actual case studies (Estonia, Georgia, Stuxnet) and the Tallinn Manual, the author illustrates the applicability of current international law and argues for an obligation on the State to prevent malicious operations emanating from networks within their jurisdiction.This book is written for academics in public international law and practitioners from the military and other public security sectors
The Impact Of Emerging Technologies On The Law Of Armed Conflict
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Author : Eric Talbot Jensen
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
The Impact Of Emerging Technologies On The Law Of Armed Conflict written by Eric Talbot Jensen and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
Cyber Operations And The Use Of Force In International Law
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Author : Marco Roscini
language : en
Publisher: OUP Oxford
Release Date : 2014-03-14
Cyber Operations And The Use Of Force In International Law written by Marco Roscini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Law categories.
The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.
