Cyber Operations and the Use of Force in International Law

Author: Marco Roscini

Publisher: OUP Oxford

ISBN: 0191652806

Category: Law

Page: 402

View: 6214

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.

Research Handbook on International Law and Cyberspace

Author: Nicholas Tsagourias,Russell Buchan

Publisher: Edward Elgar Publishing

ISBN: 1782547398

Category: Law

Page: 560

View: 9948

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la

Cyber Warfare and the Laws of War

Author: Heather Harrison Dinniss

Publisher: Cambridge University Press

ISBN: 1107011086

Category: Law

Page: 331

View: 7881

An analysis of the status of computer network attacks in international law.

Managing Cyber Attacks in International Law, Business, and Relations

In Search of Cyber Peace

Author: Scott J. Shackelford

Publisher: Cambridge University Press

ISBN: 1107004373

Category: Law

Page: 434

View: 3461

This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

Striking Power

How Cyber, Robots, and Space Weapons Change the Rules for War

Author: Jeremy Rabkin,John Yoo

Publisher: Encounter Books

ISBN: 1594038880

Category: Political Science

Page: 304

View: 7500

Threats to international peace and security include the proliferation of weapons of mass destructions, rogue nations, and international terrorism. The United States must respond to these challenges to its national security and to world stability by embracing new military technologies such as drones, autonomous robots, and cyber weapons. These weapons can provide more precise, less destructive means to coerce opponents to stop WMD proliferation, clamp down on terrorism, or end humanitarian disasters. Efforts to constrain new military technologies are not only doomed, but dangerous. Most weapons in themselves are not good or evil; their morality turns on the motives and purposes for the war itself. These new weapons can send a strong message without cause death or severe personal injury, and as a result can make war less, rather than more, destructive.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher: OUP Oxford

ISBN: 0191653918

Category: Law

Page: 1328

View: 4663

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Cyber War

Law and Ethics for Virtual Conflicts

Author: Claire Finkelstein,Jens David Ohlin,Kevin Govern

Publisher: Oxford University Press, USA

ISBN: 0198717504

Category: Law

Page: 320

View: 3155

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 analyzes 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.

The Darkening Web

The War for Cyberspace

Author: Alexander Klimburg

Publisher: Penguin

ISBN: 0698402766

Category: Computers

Page: 448

View: 6494

“A prescient and important book. . . . Fascinating.”—The New York Review of Books No single invention of the last half century has changed the way we live now as much as the Internet. Alexander Klimburg was a member of the generation for whom it was a utopian ideal turned reality: a place where ideas, information, and knowledge could be shared and new freedoms found and enjoyed. Two decades later, the future isn’t so bright any more: increasingly, the Internet is used as a weapon and a means of domination by states eager to exploit or curtail global connectivity in order to further their national interests. Klimburg is a leading voice in the conversation on the implications of this dangerous shift, and in The Darkening Web, he explains why we underestimate the consequences of states’ ambitions to project power in cyberspace at our peril: Not only have hacking and cyber operations fundamentally changed the nature of political conflict—ensnaring states in a struggle to maintain a precarious peace that could rapidly collapse into all-out war—but the rise of covert influencing and information warfare has enabled these same global powers to create and disseminate their own distorted versions of reality in which anything is possible. At stake are not only our personal data or the electrical grid, but the Internet as we know it today—and with it the very existence of open and democratic societies. Blending anecdote with argument, Klimburg brings us face-to-face with the range of threats the struggle for cyberspace presents, from an apocalyptic scenario of debilitated civilian infrastructure to a 1984-like erosion of privacy and freedom of expression. Focusing on different approaches to cyber-conflict in the US, Russia and China, he reveals the extent to which the battle for control of the Internet is as complex and perilous as the one surrounding nuclear weapons during the Cold War—and quite possibly as dangerous for humanity as a whole. Authoritative, thought-provoking, and compellingly argued, The Darkening Web makes clear that the debate about the different aspirations for cyberspace is nothing short of a war over our global values.

International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

ISBN: 0191632236

Category: Law

Page: 568

View: 2894

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Dehumanization of Warfare

Legal Implications of New Weapon Technologies

Author: Wolff Heintschel von Heinegg,Robert Frau,Tassilo Singer

Publisher: Springer

ISBN: 3319672665

Category: Law

Page: 233

View: 452

This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.

Cyber Strategy

The Evolving Character of Power and Coercion

Author: Brandon Valeriano,Benjamin Jensen,Ryan C. Maness

Publisher: Oxford University Press

ISBN: 0190618116

Category: Political Science

Page: 288

View: 7737

Some pundits claim cyber weaponry is the most important military innovation in decades, a transformative new technology that promises a paralyzing first-strike advantage difficult for opponents to deter. Yet, what is cyber strategy? How do actors use cyber capabilities to achieve a position of advantage against rival states? This book examines the emerging art of cyber strategy and its integration as part of a larger approach to coercion by states in the international system between 2000 and 2014. To this end, the book establishes a theoretical framework in the coercion literature for evaluating the efficacy of cyber operations. Cyber coercion represents the use of manipulation, denial, and punishment strategies in the digital frontier to achieve some strategic end. As a contemporary form of covert action and political warfare, cyber operations rarely produce concessions and tend to achieve only limited, signaling objectives. When cyber operations do produce concessions between rival states, they tend to be part of a larger integrated coercive strategy that combines network intrusions with other traditional forms of statecraft such as military threats, economic sanctions, and diplomacy. The books finds that cyber operations rarely produce concessions in isolation. They are additive instruments that complement traditional statecraft and coercive diplomacy. The book combines an analysis of cyber exchanges between rival states and broader event data on political, military, and economic interactions with case studies on the leading cyber powers: Russia, China, and the United States. The authors investigate cyber strategies in their integrated and isolated contexts, demonstrating that they are useful for maximizing informational asymmetries and disruptions, and thus are important, but limited coercive tools. This empirical foundation allows the authors to explore how leading actors employ cyber strategy and the implications for international relations in the 21st century. While most military plans involving cyber attributes remain highly classified, the authors piece together strategies based on observations of attacks over time and through the policy discussion in unclassified space. The result will be the first broad evaluation of the efficacy of various strategic options in a digital world.

Cybercrime

The Investigation, Prosecution and Defense of a Computer-related Crime

Author: Ralph D. Clifford

Publisher: N.A

ISBN: 9781594608537

Category: Social Science

Page: 301

View: 7994

Cybercrime is a legal workbook for anyone involved in the rapidly developing area of cybercrime. It comprehensively covers: determining what conduct is considered a cybercrime; investigating improper cyber conduct; trying a cybercrime case as a prosecuting or defending attorney; and handling the international aspects of cybercrime. As technology grows increasingly complex, so does computer crime. In this third edition, Clifford leads a team of nationally known experts in cybercrime (gathered from the diverse fields of academia, private, and governmental practice) to unfold the legal mysteries of computer crime. The book explores the variety of crimes that involve computer technology and provides essential details on procedural and tactical issues associated with the prosecution and defense of a cybercrime. The authors' insight will be of great interest to criminal prosecution and defense attorneys, law enforcement officers, and students of computer or modern criminal law.

The Conduct of Hostilities under the Law of International Armed Conflict

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1316453820

Category: Law

Page: N.A

View: 446

Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.

Encyclopedia of Cyber Warfare

Author: Paul J. Springer

Publisher: ABC-CLIO

ISBN: 1440844259

Category: History

Page: 379

View: 2704

This definitive reference resource on cyber warfare covers all aspects of this headline topic, providing historical context of cyber warfare and an examination its rapid development into a potent technological weapon of the 21st century. • Provides comprehensive coverage of the major individuals, organizations, impacts, and issues related to cyber warfare that enables readers to better understanding of the impact of cyber warfare on modern conflicts • Includes a detailed chronology that documents the evolution and use of cyber warfare over the past few decades • Supplies further readings and a lengthy bibliography that offer a wealth of options to students conducting extensive research on the subject

The Virtue of War

Reclaiming the Classic Christian Traditions East and West

Author: Alexander F. C. Webster,Darrell Cole

Publisher: Regina Orthodox Press,Csi

ISBN: 9781928653172

Category: Religion

Page: 252

View: 1038

A powerful, genuinely ecumenical, meticulously documented, incontrovertible case on behalf of the moral teachings known to Eastern Orthodox, Roman Catholic and Protestants as the justifiable work traditions. Tis book provides a firm biblical, theological and historical foundation for that confidence and is an answer to the Christian peace movement.

U.S. Military Operations

Law, Policy, and Practice

Author: Shane R. Reeve

Publisher: Oxford University Press

ISBN: 0190456639

Category: Military law

Page: 880

View: 1683

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

Cyber War Will Not Take Place

Author: Thomas Rid

Publisher: Oxford University Press

ISBN: 0199365342

Category: Political Science

Page: 218

View: 7007

"Cyber war is coming," announced a land-mark RAND report in 1993. In 2005, the U.S. Air Force boasted it would now fly, fight, and win in cyberspace, the "fifth domain" of warfare. This book takes stock, twenty years on: is cyber war really coming? Has war indeed entered the fifth domain? Cyber War Will Not Take Place cuts through the hype and takes a fresh look at cyber security. Thomas Rid argues that the focus on war and winning distracts from the real challenge of cyberspace: non-violent confrontation that may rival or even replace violence in surprising ways. The threat consists of three different vectors: espionage, sabotage, and subversion. The author traces the most significant hacks and attacks, exploring the full spectrum of case studies from the shadowy world of computer espionage and weaponised code. With a mix of technical detail and rigorous political analysis, the book explores some key questions: What are cyber weapons? How have they changed the meaning of violence? How likely and how dangerous is crowd-sourced subversive activity? Why has there never been a lethal cyber attack against a country's critical infrastructure? How serious is the threat of "pure" cyber espionage, of exfiltrating data without infiltrating humans first? And who is most vulnerable: which countries, industries, individuals?