The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.
The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.
Dehumanization of Warfare
Author: Wolff Heintschel von Heinegg, Robert Frau, Tassilo Singer
This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.
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
An analysis of the status of computer network attacks in international law.
This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.
Author: Jeremy Rabkin, John Yoo
Publisher: Encounter Books
Threats to international peace and security include the proliferation of weapons of mass destructions, rogue nations, and international terrorism. The United States must respond to these challenges to its national security and to world stability by embracing new military technologies such as drones, autonomous robots, and cyber weapons. These weapons can provide more precise, less destructive means to coerce opponents to stop WMD proliferation, clamp down on terrorism, or end humanitarian disasters. Efforts to constrain new military technologies are not only doomed, but dangerous. Most weapons in themselves are not good or evil; their morality turns on the motives and purposes for the war itself. These new weapons can send a strong message without cause death or severe personal injury, and as a result can make war less, rather than more, destructive.
Unique contemporary restatement of the law of war at sea, with explanation providing expert commentary.
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.
Author: Brandon Valeriano, Benjamin Jensen, Ryan C. Maness
Publisher: Oxford University Press
Some pundits claim cyber weaponry is the most important military innovation in decades, a transformative new technology that promises a paralyzing first-strike advantage difficult for opponents to deter. Yet, what is cyber strategy? How do actors use cyber capabilities to achieve a position of advantage against rival states? This book examines the emerging art of cyber strategy and its integration as part of a larger approach to coercion by states in the international system between 2000 and 2014. To this end, the book establishes a theoretical framework in the coercion literature for evaluating the efficacy of cyber operations. Cyber coercion represents the use of manipulation, denial, and punishment strategies in the digital frontier to achieve some strategic end. As a contemporary form of covert action and political warfare, cyber operations rarely produce concessions and tend to achieve only limited, signaling objectives. When cyber operations do produce concessions between rival states, they tend to be part of a larger integrated coercive strategy that combines network intrusions with other traditional forms of statecraft such as military threats, economic sanctions, and diplomacy. The books finds that cyber operations rarely produce concessions in isolation. They are additive instruments that complement traditional statecraft and coercive diplomacy. The book combines an analysis of cyber exchanges between rival states and broader event data on political, military, and economic interactions with case studies on the leading cyber powers: Russia, China, and the United States. The authors investigate cyber strategies in their integrated and isolated contexts, demonstrating that they are useful for maximizing informational asymmetries and disruptions, and thus are important, but limited coercive tools. This empirical foundation allows the authors to explore how leading actors employ cyber strategy and the implications for international relations in the 21st century. While most military plans involving cyber attributes remain highly classified, the authors piece together strategies based on observations of attacks over time and through the policy discussion in unclassified space. The result will be the first broad evaluation of the efficacy of various strategic options in a digital world.
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
The authoritative manual on the applicable international law and best practice in the planning and conduct of peace operations.
The Darkening Web
Author: Alexander Klimburg
“A prescient and important book. . . . Fascinating.”—The New York Review of Books No single invention of the last half century has changed the way we live now as much as the Internet. Alexander Klimburg was a member of the generation for whom it was a utopian ideal turned reality: a place where ideas, information, and knowledge could be shared and new freedoms found and enjoyed. Two decades later, the future isn’t so bright any more: increasingly, the Internet is used as a weapon and a means of domination by states eager to exploit or curtail global connectivity in order to further their national interests. Klimburg is a leading voice in the conversation on the implications of this dangerous shift, and in The Darkening Web, he explains why we underestimate the consequences of states’ ambitions to project power in cyberspace at our peril: Not only have hacking and cyber operations fundamentally changed the nature of political conflict—ensnaring states in a struggle to maintain a precarious peace that could rapidly collapse into all-out war—but the rise of covert influencing and information warfare has enabled these same global powers to create and disseminate their own distorted versions of reality in which anything is possible. At stake are not only our personal data or the electrical grid, but the Internet as we know it today—and with it the very existence of open and democratic societies. Blending anecdote with argument, Klimburg brings us face-to-face with the range of threats the struggle for cyberspace presents, from an apocalyptic scenario of debilitated civilian infrastructure to a 1984-like erosion of privacy and freedom of expression. Focusing on different approaches to cyber-conflict in the US, Russia and China, he reveals the extent to which the battle for control of the Internet is as complex and perilous as the one surrounding nuclear weapons during the Cold War—and quite possibly as dangerous for humanity as a whole. Authoritative, thought-provoking, and compellingly argued, The Darkening Web makes clear that the debate about the different aspirations for cyberspace is nothing short of a war over our global values.
"Cyber war is coming," announced a land-mark RAND report in 1993. In 2005, the U.S. Air Force boasted it would now fly, fight, and win in cyberspace, the "fifth domain" of warfare. This book takes stock, twenty years on: is cyber war really coming? Has war indeed entered the fifth domain? Cyber War Will Not Take Place cuts through the hype and takes a fresh look at cyber security. Thomas Rid argues that the focus on war and winning distracts from the real challenge of cyberspace: non-violent confrontation that may rival or even replace violence in surprising ways. The threat consists of three different vectors: espionage, sabotage, and subversion. The author traces the most significant hacks and attacks, exploring the full spectrum of case studies from the shadowy world of computer espionage and weaponised code. With a mix of technical detail and rigorous political analysis, the book explores some key questions: What are cyber weapons? How have they changed the meaning of violence? How likely and how dangerous is crowd-sourced subversive activity? Why has there never been a lethal cyber attack against a country's critical infrastructure? How serious is the threat of "pure" cyber espionage, of exfiltrating data without infiltrating humans first? And who is most vulnerable: which countries, industries, individuals?
U.S. Military Operations
Author: Shane R. Reeve
Publisher: Oxford University Press
In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.