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E-raamat: Cyber Operations and the Use of Force in International Law [Oxford Scholarship Online e-raamatud]

(Reader in International Law, University of Westminster)
  • Formaat: 336 pages
  • Ilmumisaeg: 13-Mar-2014
  • Kirjastus: Oxford University Press
  • ISBN-13: 9780199655014
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  • Oxford Scholarship Online e-raamatud
  • Raamatu hind pole hetkel teada
Cyber Operations and the Use of Force in International LawSuurem pilt
  • Formaat: 336 pages
  • Ilmumisaeg: 13-Mar-2014
  • Kirjastus: Oxford University Press
  • ISBN-13: 9780199655014
Teised raamatud teemal:
Wiley OnlineRohkem infot Oxford Scholarship Online e-raamatute kohta
Raamatu kodulehekülg: http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199655014.001.0001/acprof-9780199655014
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-defense when attacked in cyber space? 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 establish whether and how existing rules on the use of force in international law apply to cyber operations. In particular, it assesses the rules of the jus ad bellum, the jus in bello, and the law of neutrality (whether based on treaty or custom), and analyses why each rule applies or does not apply in the cyber context. Those rules which can be seen to apply are then discussed in relation to 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 may exercise its right of self-defense; 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; and 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.
Table of Cases
xv
Table of Legislation and Other Documents
xix
List of Abbreviations
xxvii
1 Identifying the Problem and the Applicable Law
1(42)
I The Emergence of the Cyber Threat to International Security
1(9)
II The Taxonomy of Military Cyber Operations: Definitions and Classification
10(9)
III The Applicable Law: Inter (Cyber) Arma Enim Silent Leges?
19(14)
IV Identification and Attribution Problems
33(7)
V The Book's Scope and Purpose
40(3)
2 Cyber Operations and the jus ad bellum
43(74)
I Introduction
43(1)
II Cyber Operations and the Prohibition of the Threat and Use of Force in International Relations
44(25)
III Cyber Operations and the Law of Self-Defence
69(35)
IV Remedies Against Cyber Operations Short of Armed Attack
104(6)
V
Chapter VII of the United Nations Charter and the Role of the Security Council
110(5)
VI Conclusions
115(2)
3 The Applicability of the jus in bello to Cyber Operations
117(47)
I Introduction
117(2)
II Cyber Operations in and as International Armed Conflicts
119(22)
III Cyber Operations During Partial or Total Belligerent Occupation
141(7)
IV Cyber Operations in and as Non-International Armed Conflicts
148(11)
V Cyber Operations as `Internal Disturbances and Tensions'
159(2)
VI Conclusions
161(3)
4 Cyber Operations and the Conduct of Hostilities
164(82)
I Introduction
164(4)
II The Legality of Means and Methods of Cyber Warfare
168(8)
III The Law of Targeting
176(63)
IV Cyber Operations Short of `Attack'
239(3)
V Cyber Operations as Remedies Against Violations of the Law of Armed Conflict
242(3)
VI Conclusions
245(1)
5 Cyber Operations and the Law of Neutrality
246(34)
I Introduction
246(2)
II When Does the Law of Neutrality Apply?
248(5)
III The Law of Neutrality and its Consequences on the Conduct of Cyber Operations
253(14)
IV Non-Belligerency
267(2)
V The Law of Neutrality and the UN Charter
269(3)
VI Remedies Against the Violations of the Law of Neutrality
272(5)
VII Conclusions
277(3)
General Conclusions 280(9)
Select Bibliography 289(12)
Index 301
Marco Roscini is Professor of International Law at the University of Westminster Law School. Prof. Roscini has a PhD from the University of Rome 'La Sapienza' and was previously a Research Fellow in International Law at the University of Verona School of Law. He lectured in international security law at University College London (UCL), King's College London, Queen Mary University of London, and the Ecole des Relations Internationales in Paris. He has published a monograph on nuclear-weapon-free zones and is the co-editor of Non-Proliferation Law as a Special Regime. Prof. Roscini is a member of the International Law Association (ILA)'s Committee on Nuclear Weapons, Non-proliferation and Contemporary International Law, of the Academic Network (AN) Programme on International Cyber Security, and of the EU Non-proliferation Consortium. In 2012, he was awarded a Leverhulme Research Fellowship for the academic year 2012-2013 to conduct his research on cyber operations.
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