CyberWar

Si Vis Pacem, Para Bellum

By

Cyber Operations and the Use of Force in International Law

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 armedconflict 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 thecontext 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 notaccompanied 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.

By

Tallinn Manual on the International Law Applicable to Cyber Warfare

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.

By

Borderless Wars: Civil Military Disorder and Legal Uncertainty

In 2011, Nasser Al-Awlaki, a terrorist on the US 'kill list' in Yemen, was targeted by the CIA. A week later, a military strike killed his son. The following year, the US Ambassador to Pakistan resigned, undermined by CIA-conducted drone strikes of which he had no knowledge or control. The demands of the new, borderless 'gray area' conflict have cast civilians and military into unaccustomed roles with inadequate legal underpinning. As the Department of Homeland Security defends against cyber threats and civilian contractors work in paramilitary roles abroad, the legal boundaries of war demand to be outlined. In this book, former Under Secretary of the Air Force Antonia Chayes examines these new 'gray areas' in counterinsurgency, counter-terrorism and cyber warfare. Her innovative solutions for role definition and transparency will establish new guidelines in a rapidly evolving military-legal environment.

By

Cyber Warfare and the Laws of War (Cambridge Studies in International and Comparative Law)

The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyberwar and the Laws of War analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. The first part of the book deals with the resort to force by states and discusses the threshold issues of force and armed attack by examining the permitted responses against such attacks. The second part offers a comprehensive analysis of the applicability of international humanitarian law to computer network attacks. By examining the legal framework regulating these attacks, Heather Harrison Dinniss addresses the issues associated with this method of attack in terms of the current law and explores the underlying debates which are shaping the modern laws applicable in armed conflict.

By

Cyber Operations and the Use of Force in International Law

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.