6 Chapter 5: Laws of War 6 Chapter 5: Laws of War
Purpose: This chapter is designed to provide an understanding of the challenging issues raised by cyber attacks and cyber exploitations under the international laws of war. These laws are premised on the assumption of kinetic action that does not translate easily into the cyber realm. Concepts Covered: Jus ad Bellum, Jus in Bello, Espionage
6.1. Curtis A. Bradley and Jack L. Goldsmith, Overview of International Law and Institutions in , Foreign Relations Law: Cases and Materials (4th ed. 2011)
6.2 5.1 Jus ad Bellum 6.2 5.1 Jus ad Bellum
Purpose: To provide an understanding of the international law that governs when it is legitimate to begin war, what counts as war for those purposes, and what counts as neutrality (and breaches of neutrality). The jus ad bellum is governed primarily by the United Nations Charter and customary international law.
6.2.1. United Nations Charter
6.2.2. National Research Council, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities
6.2.3. Department of Defense, An Assessment of International Legal Issues in Information Operations, 1999
6.2.4. Michael N. Schmitt, Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework, Columbia Journal of Transnational Law 37:885-937, 1999
6.2.5. Matthew C. Waxman, Cyber Attacks and the Use of Force, Back to the Future of Article 2(4), The Yale Journal of International Law 36, 2011
6.2.6. Michael N. Schmitt, Cyber Operations and the Jus ad Bellum Revisited, Villanova Law Review 56, 2011
6.2.7. Department of Defense Cyberspace Policy Report, 2011
6.3 5.2 Jus in Bello 6.3 5.2 Jus in Bello
Purpose: To provide an understanding of the international law that govern conduct during war. The jus in bello are governed by treaties like the Geneva Conventions, and by customary international law.
6.3.1. National Research Council, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities
6.3.2. Department of Defense, An Assessment of International Legal Issues in Information Operations, 1999
6.3.3. Michael N. Schmitt, Cyber Operations and Jus in Bello: Key Issues, Naval War College International Law Studies, 2011
6.4 5.3 Espionage 6.4 5.3 Espionage
Purpose: To provide an understanding on the practice of secretly gathering information about a foreign government or industry. Espionage is not generally regulated by international law. This is important because it means that a great deal of threatening cyber behavior – basically, everything that comes under the heading of “cyber-exploitation – is not regulated by international law.