Cyber Warfare

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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 the Red Cross). The particular context for the discussion is the recent rise in cyberattacks against the health care sector, especially in the context of the fight against COVID-19. However, the discussion ranges widely across a range of international law issues that might arise in the context of cyber operations. We consider whether international law imposes obligations on states to refrain from such attacks having effect in other states. When would such attacks violate the prohibition of the use of force? Do they constitute a breach of the principle of non-intervention in internal affairs? Is there a principle of sovereignty that can be breached by such operations? We also examine the applicable principles of international humanitarian law when…

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Cyber Attacks and Cyber (Mis)information Operations during a Pandemic

Hot on the heels on the Oxford Statement on international law rules and principles relating to malicious cyber operations targeting healthcare facilities, just a quick teaser that the next episode of EJIL: The Podcast! will be dealing precisely…

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Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

Many have recently written about the application of international law in cyberspace and to the global COVID-19 pandemic, but relatively few have examined the intersection between these two areas. Notwithstanding that oversight, recent weeks have seen cyberattacks on organizations at the frontline of the response to the COVID-19 pandemic, including malicious cyber operations against the World Health…

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Hacking Humanitarians? IHL and the protection of humanitarian organizations against cyber operations

For some years, experts have cautioned that the more humanitarian organizations collect data, the more they ‘are exposed to a growing wave of digital attacks and cyber espionage, and have become highly prized targets’. In late January 2020, the issue made headlines: The New Humanitarian reported a ‘sophisticated’ cyber operation…

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Mistake of Fact in Putative Self-Defence Against Cyber Attacks

I am glad that Marko has taken on the task of tackling the issue of mistakes of fact in international law, as I completely agree that it is a very important yet so far largely overlooked aspect, surprisingly so. While I’d mostly approve of Marko’s deliberations and conclusions, I wanted to add a brief point that I…

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