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Cyber Operations and the Use of Force in International Law

Marco Roscini

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

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 ... More


Identifying the Problem and the Applicable Law

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 1 identifies the cyber threats to international security and the applicable laws. It starts by identifying the main cases of cyber operations against states of which other states were ... More


General Conclusions

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

After going through the conclusions of each chapter, the General conclusions submit that drafting a treaty on cyber warfare today would be putting the cart before the horse and may be prejudicial to ... More


Cyber War: Law and Ethics for Virtual Conflicts

Jens David Ohlin, Kevin Govern, and Claire Finkelstein (eds)

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198717492
eISBN:
9780191787041
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717492.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military ... More


A Taste of Armageddon: The Law of Armed Conflict as Applied to Cyberwar

James J. Busuttil

in The Reality of International Law: Essays in Honour of Ian Brownlie

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268376
eISBN:
9780191683510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268376.003.0003
Subject:
Law, Public International Law

This chapter examines the application of the law of armed conflict to cyberwar. It provides definitions related to cyberwar, analyses the actors in this unique battle space, and evaluates examples of ... More


Military Cyberspace Operations

Gary D. Brown, Paul Walker, and Anthony W. Bell

in U.S. Military Operations: Law, Policy, and Practice

Published in print:
2015
Published Online:
December 2015
ISBN:
9780199328574
eISBN:
9780199363193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199328574.003.0005
Subject:
Law, Public International Law

This chapter overviews how the U.S. government is structured to defend, exploit, and attack in cyberspace and the legal authorities for such activities. It provides insight, guidance, and discussion ... More


Cyberwar versus Cyber Attack: The Role of Rhetoric in the Application of Law to Activities in Cyberspace

Laurie R Blank

in Cyber War: Law and Ethics for Virtual Conflicts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198717492
eISBN:
9780191787041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717492.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

The interplay between law and rhetoric forms an important backdrop for analyzing international legal norms governing state response to cyber threats. First, the term “cyberwar” or “cyberwarfare” is ... More


The Applicability of the jus in bello to Cyber Operations

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The purpose of this Chapter is to establish when the law of armed conflict applies to cyber operations. As conventional jus in bello does not provide a general definition of ‘armed conflict’ but ... More


The Chinese Government Adopts and Implements a Lawfare Strategy

Orde F. Kittrie

in Lawfare: Law as a Weapon of War

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190263577
eISBN:
9780190263607
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190263577.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter describes and analyzes the waging of lawfare by the People’s Republic of China (PRC). Section I places PRC lawfare in its historical and ideological context, including the Sun Tzu maxim ... More


Organized Armed Groups in Contemporary International Practice

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0004
Subject:
Law, Public International Law

Chapter 3 suggests that IHL requires non-state entities to fulfil three criteria to form a party to a non-international armed conflict: a group needs to be (1) a collective entity with (2) the ... More


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