Cyberattacks And The Prohibition Of The Use Of Force Under Humanitarian Law With Reference To The Tallinn Manual
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Cyberattacks And The Prohibition Of The Use Of Force Under Humanitarian Law With Reference To The Tallinn Manual
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Author : Pardis Moslemzadeh Tehrani
language : en
Publisher:
Release Date : 2020-09-28
Cyberattacks And The Prohibition Of The Use Of Force Under Humanitarian Law With Reference To The Tallinn Manual written by Pardis Moslemzadeh Tehrani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with categories.
Cyberattacks can alter the outcome of modern war through the inclusion of governmental and non-governmental actors and new technologies. The abilities of the perpetrators to cause destruction of both material and non-material assets and even injury and death to individuals through cyberspace have challenged traditional definitions of the use of force. The present study aims to investigate approaches to answering novel questions encountered by jurists attempting to deliberate on such matters. Answers to these questions should be reached within existent legal frameworks or codified within a novel legal framework. This study poses the question as to whether these attacks are covered by the prohibitions stipulated in Article 2(4) of the UN charter. It concludes that due to the novelty of the phenomenon, existing legislation inadequately regulates the use of cyberspace for hostile acts. Preliminary efforts such as codification of the Tallinn Manual by NATO have not produced the desired legal outcomes. Thus, the general principles and rules of international humanitarian law should be utilized for regulating hostile relations in cyberspace. As stated by Marten Condition a century ago, the absence of special regulations should not bar the enforcement of general regulations and the application of principles, common rules and duties. Governments require recognition of their right to defend vital infrastructure. Assuming an attacked state can identify the source of a cyberattack and attribute it to another government, response options include referring the matter to the UN Security Council or the International Court of Justice or undertaking retaliatory cyber interventions or instituting armed reactions, assuming the principle of proportionality is observed.
Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02
Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations written by Michael N. Schmitt 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 2017-02-02 with Law categories.
The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.
Cyber Operations And The Use Of Force In International Law
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Author : Marco Roscini
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-03
Cyber Operations And The Use Of Force In International Law written by Marco Roscini 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 2014-03 with Law categories.
Recent years have seen a significant increase in the scale and sophistication of cyber attacks employed by, or against, states and non-state actors. This book investigates the international legal regime that applies to such attacks, and investigates how far the traditional rules of international humanitarian law can be used in these situations.
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 Attacks And International Law On The Use Of Force
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Author : Samuli Haataja
language : en
Publisher: Routledge
Release Date : 2018-12-20
Cyber Attacks And International Law On The Use Of Force written by Samuli Haataja and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Political Science categories.
Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law’s conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi’s theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies – the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election – to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it. This interdisciplinary approach will appeal to an international audience of scholars in international law, international relations, security studies, cyber security, and anyone interested in the issues surrounding emerging technologies.
Tallinn Manual On The International Law Applicable To Cyber Warfare
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-07
Tallinn Manual On The International Law Applicable To Cyber Warfare written by Michael N. Schmitt 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 2013-03-07 with Law categories.
The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application.
Technology And The Law On The Use Of Force
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Author : Jackson Maogoto
language : en
Publisher: Routledge
Release Date : 2014-11-13
Technology And The Law On The Use Of Force written by Jackson Maogoto and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-13 with Law categories.
As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as ‘Web War I’. In 2010, a worm—Stuxnet—was identified as supervisory control and data acquisition systems at Iran’s uranium enrichment plant, presumably in an attempt to set back Iran’s nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastructure, and is now at the core of national security interests. This book takes a detailed look at these new theatres of war and considers their relation to international law on the use of force. Except in cases of self-defence or with the authorisation of a Security Council Resolution, the use of force is prohibited under the UN charter and customary international law. However, the law of jus ad bellum was developed in a pre-digital era where current technological capabilities could not be conceived. Jackson Maogoto asks whether the law on the use of force is able to deal with legal disputes likely to arise from modern warfare. Key queries include how one defines an armed attack in an age of anti-satellite weaponry, whether the destruction of a State’s vital digital eco-system or the "blinding" of military communication satellites constitutes a threat, and how one delimits the threshold that would enliven the right of self-defence or retaliatory action. The book argues that while technology has leapt ahead, the legal framework has failed to adapt, rendering States unable to legally defend themselves effectively. The book will be of great interest and use to researchers and students of international law, the law of armed conflict, Information Technology and the law, and counter-terrorism.
Cyber Attack In International Warfare Another Use Of Force
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Author : Irfan Ali Thanvi
language : en
Publisher:
Release Date : 2018-10-17
Cyber Attack In International Warfare Another Use Of Force written by Irfan Ali Thanvi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-17 with categories.
Over the past two decades, Cyber space and her tools have entered all important spheres of human lives including armed conflicts and have reached there dimensions that were privy to imagination when the current Laws of War in particular the International Humanitarian Law (IHL) were created. Hitherto, these rules designed for a kinetic Cyber-free world are currently regulating them. The purpose of this term paper is to highlight the legal vacuum governing the Cyber warfare, Cyber weapons and their use in an armed conflict and to advocate for a new IHL convention dedicated to Cyber warfare and Cyber weapons. It is done so using the qualitative method and legal analysis of the current legal framework including international treaties, customary law and work of the leading instances of international justice as well as writings of judicial scholars and legal and Cyber experts. The Researcher of the term paper presents the topic "CYBER ATTACK IN INTERNATIONAL WARFARE: ANOTHER USE OF FORCE?", hitherto has started to take shape by the turn of the decade in the field of Cyber-warfare. This research proposes particular Cyber concepts and examines the impacts of defining these concepts in the legal field. The term paper aims to introduce the grounds of application of the law of armed combat to Cyberspace. This research is a theoretical approach based on scientific texts written by the legal professionals. Applying the principles of International Humanitarian Law to Cyber-warfare is complicated, and it raises more questions than solutions. This term paper reaches a conclusion where the law of armed conflict may be applied to Cyber-warfare if it reaches the threshold of armed combat, but if the threshold is not reached, then the law of armed conflict should not apply and the battle field is the Cyber space for such a case. As a result, the Researcher finds that more attention should be paid to define the crucial concepts of the topic and provide guidelines on their application in legal context.
Tallinn Manual On The International Law Applicable To Cyber Warfare
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Author : Michael N. Schmitt
language : en
Publisher:
Release Date : 2013
Tallinn Manual On The International Law Applicable To Cyber Warfare written by Michael N. Schmitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Cyberterrorism categories.
The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application.
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.