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Cyber Operations and the Conduct of Hostilities

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/9780199655014.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This Chapter investigates how the existing law on the conduct of hostilities applies to cyber operations. The analysis first focuses on whether cyber capabilities and operations are lawful means and ... More


Authorizing Attacks in Response to Terrorist Attacks: A Dark Side of the Law of Armed Conflicts

Patrycja Grzebyk

in How International Law Works in Times of Crisis

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198849667
eISBN:
9780191883941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198849667.003.0003
Subject:
Law, Public International Law

Some states (mainly the United States and Israel) intermingle the terms/principles of the law of armed conflicts/international humanitarian law regime and the regime of the law on the use of force in ... More


Armed Groups and Treaty Law

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 8 employs the theories identified in Chapter 7 to consider whether it is possible to argue that armed groups are bound by the major human rights treaties. The chapter conducts detailed ... More


The Prohibition of Indiscriminate Means of Warfare

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0008
Subject:
Law, Public International Law

It is common knowledge that all weapons can be used indiscriminately, i.e. in such a way as to strike combatants and civilians alike. There are, however, some weapons that are by their nature ... More


Who Did It? Attribution of Cyber Intrusions and the Jus in Bello

William Banks

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0009
Subject:
Law, Public International Law

The central concepts that make up the Law of Armed Conflict (LOAC) have not been easy to adapt to cyber operations. In addition to their kinetic history and orientation, the core LOAC principles do ... More


The Law of Armed Conflict Implications of Covered or Concealed Cyber Operations: Perfidy, Ruses, and the Principle of Passive Distinction

Gary P. Corn and Peter P. Pascucci

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0010
Subject:
Law, Public International Law

This chapter addresses the complex Law of War issues of distinction as applied to cyber operations. Cyberspace is now widely recognized as an operational domain of conflict and states are adopting ... More


The Impact of Emerging Technologies on the Law of Armed Conflict

Ronald T.P. Alcala and Eric Talbot Jensen (eds)

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.001.0001
Subject:
Law, Public International Law

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has ... More


Assessing LOAC Compliance and Discourse as New Technologies Emerge: From Effects-Driven Analysis to “What Effects?”

Laurie R. Blank

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0002
Subject:
Law, Public International Law

This chapter explores the consequences for effective discourse about the Law of Armed Conflict (LOAC) compliance of new technologies that intentionally or effectively mask the effects of an attack, ... More


Emerging Technologies and the Principle of Distinction: A Further Blurring of the Lines between Combatants and Civilians?

Michael W. Meier

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0008
Subject:
Law, Public International Law

This chapter assesses the need to reconsider the principle of distinction in light of advancements in technology. Various emerging technologies, including unmanned aerial systems, lethal autonomous ... More


Leveraging Emerging Technology for LOAC Compliance

Eric Talbot Jensen and Alan Hickey

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0003
Subject:
Law, Public International Law

Many of the current issues with the Law of Armed Conflict (LOAC) compliance are rooted in the limitation that parties to an armed conflict are only required to do what is “feasible” to protect ... More


International Recognition, Compliance Costs, and the Formalities of War

Tanisha M. Fazal

in Wars of Law: Unintended Consequences in the Regulation of Armed Conflict

Published in print:
2018
Published Online:
January 2019
ISBN:
9781501719813
eISBN:
9781501719790
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501719813.003.0003
Subject:
Political Science, Security Studies

This chapter develops the main arguments of the book, focusing on how belligerents in interstate and civil war have reacted to the development of the laws of war detailed in Chapter 2. States ... More


Law-of-War Precautions: A Cautionary Note

Sean Watts

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0005
Subject:
Law, Public International Law

While the humanitarian benefits of precautions undertaken to protect civilians during attacks are readily apparent, the operational and legal costs of precautions in the attack are less acknowledged. ... More


High-Tech Civilians, Participation in Hostilities, and Criminal Liability: Reconciling U.S. Perspectives

Matthew T. King

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0007
Subject:
Law, Public International Law

The challenge presented by civilians on, near, and affecting the battlefield is an enduring issue in the Law of Armed Conflict (LOAC). At its core, the LOAC seeks to protect civilians from the ... More


Attack Decision-Making: Context, Reasonableness, and the Duty to Obey

Geoffrey S. Corn

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0012
Subject:
Law, Public International Law

Proportionality is one of the most important civilian protection rules in the Law of Armed Conflict (LOAC). In an era when combat almost always occurs in areas with substantial civilian populations, ... More


The Other Side of Autonomous Weapons: Using Artificial Intelligence to Enhance IHL Compliance

Peter Margulies

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0006
Subject:
Law, Public International Law

The role of autonomy and artificial intelligence (AI) in armed conflict has sparked heated debate. The resulting controversy has obscured the benefits of autonomy and AI for compliance with ... More


Invisible Soldiers: The Perfidy Implications of Invisibility Technology on Battlefields of the Future

Sephora Sultana and Hitoshi Nasu

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0011
Subject:
Law, Public International Law

The idea of invisibility has long tantalized the human imagination. Once considered fantastical, recent advances have edged technology closer to the possibility of invisibility. On the battlefield, ... More


Regulating New Weapons Technology

Rebecca Crootof

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0001
Subject:
Law, Public International Law

When confronted with a new weapons technology, international law scholars, military lawyers, and civil society activists regularly ask two questions: Are new regulations needed? Are they needed now? ... More


Protecting Civilians in War: The ICRC, UNHCR, and Their Limitations in Internal Armed Conflicts

Miriam Bradley

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198716389
eISBN:
9780191784958
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716389.001.0001
Subject:
Political Science, International Relations and Politics

Since the complex emergencies of the 1990s, humanitarian agencies have placed increasing emphasis on the protection of civilians during armed conflict. In spite of this, there is a consensus among ... More


Reply to Professor Waldron

Tamar Meisels

in Debating Targeted Killing: Counter-Terrorism or Extrajudicial Execution?

Published in print:
2020
Published Online:
June 2020
ISBN:
9780190906917
eISBN:
9780190906955
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190906917.003.0004
Subject:
Philosophy, Moral Philosophy

The volume concludes with an exchange between the authors, directly engaging with the others’ respective argument. In this penultimate chapter, Meisels briefly responds and replies to the arguments ... More


Lethal Autonomous Weapons Systems: THE OVERLOOKED IMPORTANCE OF ADMINISTRATIVE ACCOUNTABILITY

Laura A. Dickinson

in The Impact of Emerging Technologies on the Law of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190915322
eISBN:
9780190915353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915322.003.0004
Subject:
Law, Public International Law

The rise of lethal autonomous weapons systems creates numerous problems for legal regimes meant to ensure public accountability for unlawful uses of force. In particular, international humanitarian ... More


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