Cyber Operations and the Use of Force in International Law

Author: Marco Roscini

Publisher: Oxford University Press

ISBN: 0199655014

Category: Law

Page: 307

View: 3483

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.
Posted in Law

Cyber Operations and the Use of Force in International Law

Author: Marco Roscini

Publisher: OUP Oxford

ISBN: 0191652806

Category: Law

Page: 402

View: 8529

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.
Posted in Law

Cyber Operations and the Use of Force in International Law

Author: Marco Roscini

Publisher: OUP Oxford

ISBN: 0191652814

Category: Law

Page: 402

View: 9484

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.
Posted in Law

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher: OUP Oxford

ISBN: 0191653918

Category: Law

Page: 1328

View: 7649

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.
Posted in Law

Inside Cyber Warfare

Mapping the Cyber Underworld

Author: Jeffrey Carr

Publisher: "O'Reilly Media, Inc."

ISBN: 1449325459

Category: Computers

Page: 318

View: 882

When the Stuxnet computer worm damaged the Iranian nuclear program in 2010, the public got a small glimpse into modern cyber warfare—without truly realizing the scope of this global conflict. Inside Cyber Warfare provides fascinating and disturbing details on how nations, groups, and individuals throughout the world increasingly rely on Internet attacks to gain military, political, and economic advantages over their adversaries. This updated second edition takes a detailed look at the complex domain of cyberspace, and the players and strategies involved. You’ll discover how sophisticated hackers working on behalf of states or organized crime patiently play a high-stakes game that could target anyone, regardless of affiliation or nationality. Discover how Russian investment in social networks benefits the Kremlin Learn the role of social networks in fomenting revolution in the Middle East and Northern Africa Explore the rise of anarchist groups such as Anonymous and LulzSec Look inside cyber warfare capabilities of nations including China and Israel Understand how the U.S. can legally engage in covert cyber operations Learn how the Intellectual Property war has become the primary focus of state-sponsored cyber operations Jeffrey Carr, the founder and CEO of Taia Global, Inc., is a cyber intelligence expert and consultant who specializes in the investigation of cyber attacks against governments and infrastructures by state and non-state hackers.
Posted in Computers

Cyber Warfare and the Laws of War

Author: Heather Harrison Dinniss

Publisher: Cambridge University Press

ISBN: 1107011086

Category: Law

Page: 331

View: 4507

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

Cyber Operations and the Use of Force in International Law

Author: Robert Rhodes

Publisher: Createspace Independent Publishing Platform

ISBN: 9781722062118

Category:

Page: 236

View: 9730

The novel provides a wide research of main records and around literary works, to examine whether and how current guidelines on the use of power in worldwide law implement to a relatively new trend such as the online world functions. It analyzes the guidelines of jus ad bellum and jus in bello, whether based on agreement or customized, and studies why each concept is applicable or does not implement to online functions. Those guidelines which can be seen to make use of are then mentioned in the perspective of each particular type of online function. The novel details the key concerns of whether a online function quantities to the use of power and, if so, whether the sufferer state can exercise its right of self-defence; whether online functions induce the use of worldwide relief law when they are not associated with conventional hostilities; what guidelines must be followed in the perform of online hostilities; how neutrality is impacted by online operations; whether those performing online functions are combatants, citizens, or citizens taking immediate part in hostilities. The novel is important studying for everyone seeking a better knowing of how worldwide law manages online fight.
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The Handbook of the International Law of Military Operations

Author: Terry D. Gill,Dieter Fleck

Publisher: Oxford University Press

ISBN: 0198744625

Category: Intervention (International law)

Page: 816

View: 380

The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defense and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analyzed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.
Posted in Intervention (International law)

Technology and the Law on the Use of Force

New Security Challenges in the Twenty-First Century

Author: Jackson Maogoto

Publisher: Routledge

ISBN: 1134445644

Category: Law

Page: 130

View: 6623

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.
Posted in Law

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: 8311

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.
Posted in Political Science

Cyber Mercenaries

The State, Hackers, and Power

Author: Tim Maurer

Publisher: Cambridge University Press

ISBN: 1108580262

Category: Law

Page: N.A

View: 5638

Cyber Mercenaries explores the secretive relationships between states and hackers. As cyberspace has emerged as the new frontier for geopolitics, states have become entrepreneurial in their sponsorship, deployment, and exploitation of hackers as proxies to project power. Such modern-day mercenaries and privateers can impose significant harm undermining global security, stability, and human rights. These state-hacker relationships therefore raise important questions about the control, authority, and use of offensive cyber capabilities. While different countries pursue different models for their proxy relationships, they face the common challenge of balancing the benefits of these relationships with their costs and the potential risks of escalation. This book examines case studies in the United States, Iran, Syria, Russia, and China for the purpose of establishing a framework to better understand and manage the impact and risks of cyber proxies on global politics.
Posted in Law

@War

The Rise of the Military-Internet Complex

Author: Shane Harris

Publisher: Houghton Mifflin Harcourt

ISBN: 0544251792

Category: Computers

Page: 263

View: 5204

An investigation into how the Pentagon, NSA, and other government agencies are uniting with corporations to fight in cyberspace, the next great theater of war.
Posted in Computers

Research Handbook on International Law and Cyberspace

Author: Nicholas Tsagourias,Russell Buchan

Publisher: Edward Elgar Publishing

ISBN: 1782547398

Category: Law

Page: 560

View: 3573

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
Posted in Law

International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

ISBN: 0191632236

Category: Law

Page: 568

View: 2701

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.
Posted in Law

'Armed Attack' and Article 51 of the UN Charter

Evolutions in Customary Law and Practice

Author: Tom Ruys

Publisher: Cambridge University Press

ISBN: 113949483X

Category: Law

Page: N.A

View: 3514

This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Posted in Law

International Law and New Wars

Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 3582

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
Posted in Law

Research Handbook on Remote Warfare

Author: Jens David Ohlin

Publisher: Edward Elgar Publishing

ISBN: 1784716995

Category:

Page: 512

View: 8081

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.
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Leuven Manual on the International Law Applicable to Peace Operations

Author: Dieter Fleck,William H. Boothby,Alfons Vanheusden

Publisher: Cambridge University Press

ISBN: 1108424988

Category: History

Page: N.A

View: 881

The authoritative manual on the applicable international law and best practice in the planning and conduct of peace operations.
Posted in History