Cyber Warfare

Page 3 of 6

Filter category

Feature post image

Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches of the obligation to respect sovereignty and of international human rights law. Obligation to Respect Sovereignty Foreign activities in cyberspace might also violate the rule of sovereignty. Before discussing how, it must be cautioned that one state, the United Kingdom, has rejected the proposition that cyber activities can amount to a violation of sovereignty, relying instead on the rule of intervention to serve as the bulwark against foreign election interference. However, that stance, which has been discussed in depth elsewhere (see, e.g., here and here), has not been adopted by any other state. On the contrary, a growing number of states, including France,  the Netherlands, Germany,…

Read more

Foreign Cyber Interference in Elections: An International Law Primer, Part I

With US elections looming, it is a propitious moment to examine the international law rules bearing on foreign interference in this fundamental expression of democracy. Sadly, little appears to have changed since the US intelligence community concluded with a “high degree of confidence” that “Russian President Vladimir Putin ordered an influence campaign in 2016 aimed…

Read more

The Second Oxford Statement on International Law Protections of the Healthcare Sector During COVID-19: Safeguarding Vaccine Research

The alarming spread of the global COVID-19 pandemic—now infecting nearly 19 million and claiming more than 700,000 lives worldwide—has made it increasingly urgent to define international law protections for the health care sector against malicious cyber operations. In May 2020, malicious cyberattacks on organizations at the frontline of the response to the COVID-19 pandemic—including the…

Read more

Cyber Operations against Vaccine R & D: Key International Law Prohibitions and Obligations

By August, COVID-19 had killed 700,000 people world-wide, while at least 18 million have been infected by the virus. It now appears that the best hope for battling the pandemic may lie in multiple vaccines. This reality has sparked vaccine nationalism, as states compete for the supplies that hopefully will become available early next year. For…

Read more

EJIL: The Podcast! Episode 3 – Hacked Off!

In the latest episode of EJIL: The Podcast! is now available. This episode focuses on the application of international law to cyber operations by states and non-state actors. For this discussion, Sarah, Nouwen, Marko Milanovic and I are joined by Harriet Moynihan (Chatham House), and Tilman Rodenhäuser (International Committee of…

Read more