Borderless Wars: Civil Military Disorder and Legal Uncertainty

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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.

Weapons Under International Human Rights Law

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International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.

Wars of Disruption and Resilience: Cybered Conflict, Power, and National Security (Studies in Security and International Affairs)

Wars of Disruption and Resilience: Cybered Conflict, Power, and National Security (Studies in Security and International Affairs)Increasingly, the power of a large, complex, wired nation like the United States rests on its ability to disrupt would-be cyber attacks and to be resil­ient against a successful attack or recurring campaign. Addressing the con­cerns of both theorists and those on the national security front lines, Chris C. Demchak presents a unified strategy for survival in an interconnected, ever-messier, more surprising cybered world and examines the institutional adaptations required of our defense, intelligence, energy, and other critical sectors for national security.

Demchak introduces a strategy of “security resilience” against surprise attacks for a cybered world that is divided between modern, digitally vulner­able city-states and more dysfunctional global regions. Its key concepts build on theories of international relations, complexity in social-technical systems, and organizational-institutional adaptation. Demchak tests the strategy for reasonableness in history’s few examples of states disrupting rather than conquering and being resilient to attacks, including ancient Athens and Sparta, several British colonial wars, and two American limited wars. She applies the strategy to modern political, social, and technical challenges and presents three kinds of institutional adaptation that predicate the success of the security resilience strategy in response. Finally, Demchak discusses implications for the future including new forms of cyber aggression like the Stuxnet worm, the rise of the cyber-command concept, and the competition between the U.S. and China as global cyber leaders.

Wars of Disruption and Resilience offers a blueprint for a national cyber-power strategy that is long in time horizon, flexible in target and scale, and practical enough to maintain the security of a digitized nation facing violent cybered conflict.

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

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The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyber Warfare 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.

Cyber-Attacks and the Exploitable Imperfections of International Law

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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.