Cyber Operations and the Use of Force in International Law

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9780199655014: 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.

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About the Author:


Marco Roscini, Professor of International Law, University of Westminster

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.

Review:


"Mr. Roscini should be praised for writing a book that goes beyond existing analysis of the law of armed conflict applied to cyber. Earlier legal monographs on cyber warfare restated the principles of laws and attempted to awkwardly apply them to cyber, with varying degrees of success. Many lacked an understanding of the technical aspects of cyber. Mr. Roscini, on the other hand, has clearly spent time studying the legal but also the technical aspects of cyber. The result is a monograph that does not merely repeat legal principles in an abstract manner but rather presents the legal rules with a technical hindsight, highlighting their potential flaws and gaps in the cyber area" --Vincent Roobaert, NATO Legal Gazette


"[T]he sections of Roscini's book on the jus ad bellum cyber aspects are well-written, engaging, and thoroughly researched. They will also be accessible to non-lawyers, which makes this book particularly appealing. It is not easy to pick apart rules that were designed and adopted in a different era before the prospect of cyber attacks were even conceivable, and accurately apply them at a time before cyber uses of force have become a concrete reality, and overall Roscini has done a commendable job" --Christian Henderson, Questions of International Law


"Roscini's volume is EL a welcome addition to existing literature in the field. The way in which the author uses concrete cases of cyber operations as practical, real-world examples of the types of attacks which have taken place - and his subsequent legal assessment - make this volume a much valued navigation tool, useful to appraise the current state of legal development in the area. The detail and breadth of information found in all of the chapters is remarkable, and the book will quickly become a required reading for anyone who wishes to contribute in a qualified manner to the debate on cyber warfare." --Emanuele Sommario, Questions of International Law


"Cyber Operations provides an excellent overview of the international laws applicable to "cyber attacks" (a term of art) and will make its readers think twice about how they use cyber terminology. It is meticulously researched with a whopping 1,807 footnotes and cites leading authorities on the law of armed conflict, as well as on international law. In today's interconnected world, completely dependent on computers and the internet (where economic security is national security), it will stimulate both lawyers (military, government, private sector, etc.) and laypersons to think about how much more we should all be doing to protect our networks, data, intellectual property and critical infrastructure." - Christina Ayiotis, Georgetown Cybersecurity Law Institute, The Cybersecurity Canon


"[Cyber Operations and the Use of Force in International Law] offers a precise, detailed and up-to-date analysis of cyber operations and the use of force in international law... [Roscini's] book is an extremely valuable and recommended tool in the quest of understanding the current legal regulation of cyberspace and cyberwarfare." - Karine Bannelier-Christakis, Journal of Conflict & Security Law


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Book Description Oxford University Press, United Kingdom, 2014. Hardback. Book Condition: New. Language: English . Brand New Book. 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. Bookseller Inventory # LIB9780199655014

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Book Description Oxford University Press Mrz 2014, 2014. Buch. Book Condition: Neu. Neuware - Recent years have seen a significant increase in the scale and sophistication of cyber attacks employed by, or against, states and non-state actors. This book investigates the international legal regime that applies to such attacks, and investigates how far the traditional rules of international humanitarian law can be used in these situations. 307 pp. Englisch. Bookseller Inventory # 9780199655014

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