Description : 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.
Description : The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.
Description : 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
Description : This doctoral dissertation investigates the wide range of conceptualizations and categorizations that are applicable to state-sponsored cyber operations. State-sponsored cyber operations, namely recourse to cyber means by one State against another, are generally labelled 'cyber warfare'. This is neither a legal nor a prescriptive term; it reflects, however, a disproportionate focus on the realm of warfare. Avoiding hasty or overly simplistic characterizations of situations as cyber warfare is important to avoid further deterioration of their relations leading potentially to military escalation. This dissertation defines state-sponsored cyber operations according to international law and demonstrates that the majority of these incidents fall outside of the realm of (cyber) warfare and, therefore, need to be addressed separately and approached differently. Most state-sponsored cyber operations do not actually violate the prohibition of the use of force or the law of armed conflict, but rather they impinge the territorial sovereignty of the targeted States, the principle of nonintervention, or human rights. Cyber warfare is only the tip of the iceberg. An entire world lies submerged: cyber operations below the threshold of cyber warfare. While the emerged part concerning cyber warfare is well-studied and widely known, this thesis endeavours to shed light on the submerged, and arguably bigger, part that has been understudied and is less known. Parts I and II map the circumstances in which state-sponsored cyber operations violate international law. They demonstrate inter alia that most cyber operations remain under the threshold of cyber warfare, while they may constitute a breach of territorial sovereignty, the principle of non-intervention or even human rights law in most cases. Part I also analyzes the duty of diligence of third States. Part III deals with the attribution of cyber operations, analysing the attribution to the machine, to the human perpetrator, and focusing more specifically on the attribution to the sponsoring State. Part IV focuses on the consequences of an internationally wrongful cyber operation, mainly the obligations deriving from the law of State responsibility, and the remedies to address it, notably the recourse to self-defence, retorsion and countermeasures.
Description : The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.
Description : A comprehensive analysis of the international law applicable to cyber operations, including a systematic study of attribution, lawfulness and remedies.
Author by : Samuli Haataja
Languange : en
Publisher by : Emerging Technologies, Ethics and International Affairs
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 967
File Size : 47,9 Mb
Description : Based on author's thesis (doctoral - Griffith University, Brisbane, Australia, 2017).
Description : 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.