Cyber Warfare

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Israel’s Cautious Perspective on International Law in Cyberspace: Part II (jus ad bellum and jus in bello)

In Part I of this series, I assessed Israel’s approach to the identification and interpretation of international law in the cyber context, as set forth in an important virtual speech by Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s Stockton Center for International Law. I commended that nation for putting international law rules of interpretation front and center in its analysis. I also considered Israel’s understanding of key rules of general international law that lie at the heart of ongoing multilateral discussions in such fora as the UN GGE & OEWG, as well as the broader international law community. In my estimation, Israel has taken a generally cautious approach to these rules, even where one might have expected it to take a broader view. I now turn to two areas of law that are of particular importance to Israel — the jus ad bellum, that body of law governing…

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Israel’s Cautious Perspective on International Law in Cyberspace: Part I (Methodology and General International Law)

Last week, Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, delivered an important virtual speech on his nation’s positions regarding the application of international law in cyberspace at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s Stockton Center for International Law. The sophisticated presentation described…

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Israel’s perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations

Transcript of the keynote speech delivered by Israeli Deputy Attorney General (International Law), Dr. Roy Schöndorf, on 8 December, 2020 at the US Naval War College's event on "Disruptive Technologies and International Law".* I would like to present, here today, Israel's perspective on key aspects of the application of international law in connection…

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Cyber and Influence Operations Targeting Elections: Back to the Principle of Non-Intervention

After the 2016 US presidential election, President Obama criticized Russia for interfering in the vote, but stopped short of alleging a violation of international law. The intervening period has seen a vigorous debate on the rules governing interference in elections, but no consensus has emerged. The 2020 presidential election would seem, then,…

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

Parts I and II of this series examined cyber election interference as an internationally wrongful act, looking at the two elements of attribution and breach, and in particular at the three sets of primary rules that election interference operations can violate: the prohibition of intervention, the obligation to respect sovereignty, and the duty to respect human rights. Now,…

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