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In the last five years the topic of cyber warfare has received much attention due to several so-called "cyber incidents" which have been qualified by many as State-sponsored cyber attacks. This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility. By reference to treaty and customary international law, actual case studies (Estonia, Georgia, Stuxnet) and the Tallinn Manual, the author illustrates the applicability of current international law and argues for an obligation on the State to prevent malicious operations emanating from networks within their jurisdiction.This book is written for academics in public international law and practitioners from the military and other public security sectors.
Information warfare (International law) --- 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. This book 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.
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Cyber warfare is fast becoming the greatest threat to national security advanced nations face. Cyberattacks can destroy economic, political, and military systems in a single act, making them dangerous across multiple dimensions. Yet the law of armed conflict applies uneasily to this unchartered territory in the area of national security, supplying few answers to questions that are answered easily for traditional military conflict. Under what conditions does a cyberattack amount to an act of war ? What is a proportional response to a cyberattack ? is it permissible to pre-empt a cyberattack with the use of kinetic force ? If so, when would the use of pre-emptive force violate third party sovereignty ? This collection of essays, written by a group of interdisciplinary scholars and practitioners, addresses the ethical and legal issues that surround cyber warfare. It considers whether the Laws of Armed Conflict apply to cyberspace, as well as the ethical position of cyber warfare against the background of generally recognized moral traditions in armed conflict.
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In recent years military technology and strategy have developed apace particularly in regards to cyber and space warfare. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure which it is presumed came from Russia in retaliation for the removal of a World War II-era statue of a Soviet soldier from its capital. This was described as some as the first war in cyberspace Web War I. Since then there have been several more cyber attacks on a State and its digital environment, in particular in Iran in 2010 when a worm Stuxnet was identified as having infected and damaged Iran's uranium enrichment plant presumably in an attempt to set back Iran's nuclear programme. This book takes a detailed look at these new theatres of war and considers their relation to international law on the use of force. The use of force, except in cases of self-defence or with the authorisation of a Security Council Resolution, 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 of. This book asks whether the law on the use of force is able to deal with legal disputes likely to arise from modern warfare. Among the questions it considers are : What amounts to an armed attack in an age of anti-satellite weaponry and lasers that can cripple satellites ? Does the destruction of a State's vital digital eco-system or the 'blinding' or jamming of military communication satellites constitute a threat ? If so what is 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, and as a result the ability of States to legally defend themselves has been impaired.
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In January 2014 Pope Francis called the Internet a 'gift from God'. Months later former Secretary of Defense, Leon Panetta, described cyber warfare as 'the most serious threat in the 21st century', capable of destroying our entire infrastructure and crippling the nation. Already, cyber warfare has impacted countries around the world : Estonia in 2007, Georgia in 2008, and Iran in 2010; and, as with other methods of war, cyber technology has the ability to be used not only on military forces and facilities, but on civilian targets. Our computers have become spies and tools for terrorism, and a have allowed for a new, unchecked method of war. And yet, cyber warfare is still in its infancy, with innumerable possibilities and contingencies for how such a war may play out in the coming decades. This book examines the international development of constraining norms for cyber warfare and and predicts how those norms will unfold in the future. Using case studies for other emerging-technology weapons - chemical and biological weapons, strategic bombing, and nuclear weapons - the author expands previous definitions of norm evolution theory and offers recommendations for citizens and U.S. policymakers and as they grapple with the impending reality of cyber war.
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Cyber-Attacks and the Exploitable Imperfections of International Law reveals elements of existing jus ad bellum and jus in bello regimes that are unable to accommodate the threats posed by cyber-attacks. It maps out legal gaps, deficiencies, and uncertainties, which international actors may seek to exploit to their political benefit.
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Computer crimes. --- Cyberspace. --- Cyberterrorism. --- Security, International. --- War (International law) --- Information warfare (International law)
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Information warfare --- Information warfare (International law) --- Cyberterrorism --- Psychological warfare --- Military doctrine --- China. --- Public relations.
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"The application of international law and legal principles in cyberspace is a topic that has caused confusion, doubt, and interminable discussions between lawyers since the earliest days of the internationalization of the Internet. The still unresolved debate over whether cyberspace constitutes a fundamentally new domain that requires fundamentally new laws to govern it reveals basic ideological divides. On the one hand, the Euro-Atlantic community led by the United States believes, in broad terms, that activities in cyberspace require no new legislation, and existing legal obligations are sufficient. On the other, a large number of other states led by Russia and China believe that new international legal instruments are essential in order to govern information security overall, including those expressed through the evolving domain of cyberspace. Russia in particular argues that the challenges presented by cyberspace are too urgent to wait for customary law to develop as it has done in other domains; instead, urgent action is needed. This Letort Paper will provide an overview of moves toward establishing norms and the rule of law in cyberspace, and the potential for establishing further international norms of behavior"--Publisher's web site.
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