scholarly journals Cyber warfare and the law of armed conflict

2021 ◽  
Author(s):  
◽  
Miranda Grange
Keyword(s):  
Armed Conflict ◽  
Cyber Warfare ◽  
Data Loss ◽  
Armed Attack ◽  
Property Damage ◽  
Direct Participation ◽  
Law Of Armed Conflict ◽  
Practical Effect ◽  
The Law

<p>This paper discusses cyber warfare and its intersection with the law of armed conflict. Cyberspace creates a unique battlefield with many challenges. This paper tackles four of these challenges: distinguishing warfare acts from criminal activities; what amounts to an armed attack in cyberspace that justifies a State’s right to selfdefence; target distinction; and direct participation in cyber hostilities. It is the author’s determination that the law of armed conflict does apply in cyberspace however two additional changes are needed for the traditional laws to have any practical effect. These two variations include the extension of the traditional criteria of armed attack to include severe data loss as tangible property damage; and reexamining the framework of direct participation.</p>

scholarly journals Cyber warfare and the law of armed conflict

2021 ◽  
Author(s):  
◽  
Miranda Grange
Keyword(s):  
Armed Conflict ◽  
Cyber Warfare ◽  
Data Loss ◽  
Armed Attack ◽  
Property Damage ◽  
Direct Participation ◽  
Law Of Armed Conflict ◽  
Practical Effect ◽  
The Law

<p>This paper discusses cyber warfare and its intersection with the law of armed conflict. Cyberspace creates a unique battlefield with many challenges. This paper tackles four of these challenges: distinguishing warfare acts from criminal activities; what amounts to an armed attack in cyberspace that justifies a State’s right to selfdefence; target distinction; and direct participation in cyber hostilities. It is the author’s determination that the law of armed conflict does apply in cyberspace however two additional changes are needed for the traditional laws to have any practical effect. These two variations include the extension of the traditional criteria of armed attack to include severe data loss as tangible property damage; and reexamining the framework of direct participation.</p>

High-Tech Civilians, Participation in Hostilities, and Criminal Liability

2019 ◽  
pp. 175-208
Author(s):  
Matthew T. King
Keyword(s):  
Armed Conflict ◽  
Criminal Liability ◽  
Armed Conflicts ◽  
High Tech ◽  
Military Operations ◽  
Direct Participation ◽  
Military Forces ◽  
Law Of Armed Conflict ◽  
The 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 dangers of hostilities. The challenge, then, involves adhering to this general respect and protection standard, while balancing the need to send forces (which may include civilian members) to prosecute armed conflicts (which may involve enemy civilian participants). As advancements in technology and a growing dependence on civilian expertise in armed conflict begin to blur the distinction between civilian activity and direct participation in hostilities, how will military forces ensure civilians are properly protected on the battlefield? At what point does civilian involvement in military operations become direct participation in the conflict?

Rules of Engagement and Humanitarian Law

2020 ◽  
pp. 103-184
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Direct Participation ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Difference

The focus of this chapter is on the law of armed conflict and as such, analyses the influence of international humanitarian law (IHL) on the rules on the use of force, discussing the implementation of specific elements of IHL, in particular the principle of distinction in the rules of engagement (ROE) which authorize the use of force against persons and objects. Further, in discussing the principle of distinction, specific attention is given to the role of ROE as regards targeting persons and objects, including the concept of direct participation in hostilities and the difference between status-based targeting and behaviour-based targeting. This chapter will also explore other elements of the principles of IHL, such as proportionality and precautions in attack.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

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 inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

Sign in / Sign up

Export Citation Format

Share Document