My new book on cyber operations is outPosted: March 18, 2014 Filed under: Cyber, Intelligence, War 2 Comments
My book on Cyber Operations and the Use of Force in International Law has just been published by Oxford University Press. If you are interested in ordering a copy, please click here, or, if you prefer the US OUP website, here.
Here is the abstract:
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 does a state have a right to self-defence when attacked in cyberspace? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of ‘use of force’, ‘armed attack’, and ‘armed conflict’ and asks whether existing laws created for analogue technologies can be applied to new digital developments.
The book provides a comprehensive analysis of primary documents and surrounding literature to establish whether and how existing rules on the use of force in international law apply to cyber operations. In particular, it assesses the rules of the jus ad bellum, the jus in bello, and the law of neutrality (whether based on treaty or custom), and analyses why each rule applies or does not apply in the context of cyber operations. Those rules which can be seen to apply are then discussed in relation to each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to a use of force and, if so, whether the victim state may exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; and whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.
The book also contains a thought-provoking Foreword by Prof. Yoram Dinstein.
Congratulations, Marco! Great cover and very impressive to have a Foreword by Dinstein. From my reading of your book so far, I can say that you have done an absolutely first rate job in this book, as you always do, and that your analysis and conclusions are rigorous and persuasive. A great new contribution to literature on the jus in bello and jus ad bellum!
Thanks, Dan. I am delighted that you like it, as I value your opinion a lot. I do hope that the book will help disperse the fog of cyber war.