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

6.2 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.

6.3 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.

6.4 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.

6.4.1 5.3.1 Relevant Case Studies 6.4.1 5.3.1 Relevant Case Studies