World Wide Warfare – Jus ad bellum and the Use of Cyber Force

Roscini, Marco

doi:10.1163/18757413-90000050

Cited by 79 publications

(9 citation statements)

References 2 publications

(2 reference statements)

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“…The goal of cyber exploitation is to obtain information from a computer network without the user's knowledge, which amounts to a modern form of espionage. Espionage is illegal under the domestic laws of most nations, but it is not illegal under international law (Roscini, 2010).…”

Section: Defining Cyber Warfarementioning

confidence: 99%

Cyberattack and the Use of Force in International Law

Madubuike-Ekwe¹

2021

BLR

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This article examines how the existing law of armed conflict may be applied or adapted to meet the challenges posed by cyber-attacks. It begins with a definition of cyber-attacks, cyberexploitation and cyberespionage and their differences. The article discusses how cyber-attacks are regulated by the existing body of laws such as the United Nations Charter, International humanitarian Law (IHL), international treaties and domestic laws. It notes that the existing law addresses only a small fraction of potential cyber-attacks. IHL, for example, provides a useful framework for a very small number of cyber-attack that amounts to an armed attack or that take place within the context of armed conflict. The article concludes that, since cyber-attacks are global in nature, there is need for a new international legal framework to more effectively deal with the challenges posed by cyber-attacks.

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Section: Defining Cyber Warfarementioning

confidence: 99%

Cyberattack and the Use of Force in International Law

Madubuike-Ekwe¹

2021

BLR

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“…40 Leuprecht, Szeman, and Skillcorn, supra note 1: 390. 41 John B. Sheldon, "The Rise of Cyberpower": 309; in: John Baylis, James J Wirtz, and Colin S Gray, eds., Strategy in Contemporary World (Oxford and New York: Oxford University Press, 2013). 42 Rid and McBurney, supra note 29: 6.…”

Section: Cyberspace and Cyber Weaponsmentioning

confidence: 99%

“…After all, it must also be kept in mind that "an attacker must succeed only once, while a defender must always succeed" 40. This is combined with a low entry cost, since the knowledge for exploiting cyberspace is rather cheaply and readily available 41. However, there is a caveat: wide proliferation and low cost only…”

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confidence: 99%

Contemplating a Cyber Weapons Convention: An Exploration of Good Practice and Necessary Preconditions

Kalpokienė

Kalpokas

2020

Baltic Journal of Law &Amp; Politics

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Despite being a crucially important domain for states, businesses, and individuals, cyberspace still suffers from a regulation deficit. This article takes up one such dangerously underregulated area: cyber warfare and regulation of cyber weapons. For that purpose, the authors first analyse the threats posed by weaponised malicious code, including some examples of its use and potential considerations that could sway states towards engaging in a multilateral cyber weapons regulation regime. These considerations are then converted into some major principles and points to be regarded should a potential cyber weapons convention be contemplated. These are subsequently further elaborated in light of the Chemical Weapons Convention, particularly with regard to specific provisions and possibility of adoption. The article concludes with the assertion that an international agreement is feasible in principle, but its focus should be on regulating the ways of employing cyber weapons rather than on the specific weapons themselves.

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“…Leaving aside the first case, scholars have debated over the past years whether scenarios (ii) and (iii) make sense in the case of cyber attacks (Roscini 2010;Schmitt 2011;Waxman 2011;etc.). The discussion has correspondingly revolved around whether a non-destructive cyber operation can amount to an un/lawful use of force (scenario ii), much as whether a cyber attack can rise to the level of an armed attack (scenario iii).…”

Section: The Use Of Force In International Lawmentioning

confidence: 99%

Cyber Force and the Role of Sovereign States in Informational Warfare

Pagallo

2014

Philos. Technol.

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The use of cyber force can be as severe and disruptive as traditional armed attacks are. Cyber attacks may neither provoke physical injuries nor cause property damages and still, they can affect essential functions of today's societies, such as governmental services, business processes or communication systems that progressively depend on information as a vital resource. Whereas several scholars claim that an international treaty, much as new forms of international cooperation, are necessary, a further challenge should be stressed: authors of cyber attacks can be non-state actors, and identifying the party responsible for such a use of force, whether non-state actors or national sovereign states, is often impossible. Accordingly, several programmes on online security and national defence have been developed by sovereign states to tackle this menace and yet, the endurance of Western democracies and their aim to protect basic rights have already been tested by such programmes over the past years. The new scenarios of cyber force do not only concern the field of international law, since they may represent the main threat in the fields of national and constitutional law as well.

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World Wide Warfare – Jus ad bellum and the Use of Cyber Force

Cited by 79 publications

References 2 publications

Cyberattack and the Use of Force in International Law

Cyberattack and the Use of Force in International Law

Contemplating a Cyber Weapons Convention: An Exploration of Good Practice and Necessary Preconditions

Cyber Force and the Role of Sovereign States in Informational Warfare

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