Cyber Operations and the Use of Force in International Law
Marco Roscini
Abstract
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 operations against states dramatically increasing in recent times, Dr Marco Roscini’s timely book investigates the traditional concepts of ‘use of force’, ‘armed attack’ and ‘armed conflict’ and, through a comprehensive analysis of primary documents as well as through an extensive literature searc ... More
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 operations against states dramatically increasing in recent times, Dr Marco Roscini’s timely book investigates the traditional concepts of ‘use of force’, ‘armed attack’ and ‘armed conflict’ and, through a comprehensive analysis of primary documents as well as through an extensive literature search, asks whether and how existing laws created in the analogue age can be applied in a digital age. The book takes each rule, whether based on treaty or custom, and explains why that rule applies or does not apply to cyber operations. Having established a basis for contending that particular rules apply to cyber warfare, those rules are discussed in the context of each specific type of cyber operation. The book addresses questions such as whether a cyber operation amounts to a 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; 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.
Keywords:
cyber warfare,
cyber operations,
international law,
use of force,
international humanitarian law,
computer virus,
neutrality,
United Nations Charter,
self-defence,
cyber attack
Bibliographic Information
| Print publication date: 2014 |
Print ISBN-13: 9780199655014 |
| Published to Oxford Scholarship Online: April 2014 |
DOI:10.1093/acprof:oso/9780199655014.001.0001 |
