Cyber Operations and the Use of Force in International Law 1st Edition by Marco Roscini – Ebook PDF Instant Download/Delivery: 9780191652813, 0191652814
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• ISBN 10:0191652814
• ISBN 13:9780191652813
• Author:Marco Roscini
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.
Cyber Operations and the Use of Force in International Law 1st Table of contents:
List of Abbreviations
1. Identifying the Problem and the Applicable Law
I. The Emergence of the Cyber Threat to International Security
II. The Taxonomy of Military Cyber Operations: Definitions and Classification
III. The Applicable Law: Inter (Cyber) Arma Enim Silent Leges?
IV. Identification and Attribution Problems
V. The Book’s Scope and Purpose
2. Cyber Operations and the jus ad bellum
I. Introduction
II. Cyber Operations and the Prohibition of the Threat and Use of Force in International Relations
III. Cyber Operations and the Law of Self-Defence
IV. Remedies Against Cyber Operations Short of Armed Attack
V. Chapter VII of the United Nations Charter and the Role of the Security Council
VI. Conclusions
3. The Applicability of the jus in bello to Cyber Operations
I. Introduction
II. Cyber Operations in and as International Armed Conflicts
III. Cyber Operations During Partial or Total Belligerent Occupation
IV. Cyber Operations in and as Non-International Armed Conflicts
V. Cyber Operations as ‘Internal Disturbances and Tensions’
VI. Conclusions
4. Cyber Operations and the Conduct of Hostilities
I. Introduction
II. The Legality of Means and Methods of Cyber Warfare
III. The Law of Targeting
IV. Cyber Operations Short of ‘Attack’
V. Cyber Operations as Remedies Against Violations of the Law of Armed Conflict
VI. Conclusions
5. Cyber Operations and the Law of Neutrality
I. Introduction
II. When Does the Law of Neutrality Apply?
III. The Law of Neutrality and its Consequences on the Conduct of Cyber Operations
IV. Non-Belligerency
V. The Law of Neutrality and the UN Charter
VI. Remedies Against the Violations of the Law of Neutrality
VII. Conclusions
General Conclusions
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Cyber Operations,Force in International,Marco Roscini