Cyber Warfare

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The Fifth Transatlantic Workshop on International Law and Armed Conflict: Introduction to a Joint Blog Series

Over the coming weeks, three blogs - Intercross, EJIL:Talk!, and Lawfare - will host a joint blog symposium on International Law and Armed Conflict. The series will feature posts by some of the participants at the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, which was held at the European University Institute in Florence in late July. As in previous years, the workshop brought together a group of academic, military, and governmental experts from both sides of the Atlantic. The roundtable, held under the Chatham House Rule, was held over two days and examined contemporary questions of international law relating to military operations. This summer, there a particular emphasis on issues arising from the ICRC’s updated commentaries to the 1949 Geneva Conventions. The publication of the updated commentaries provided an opportunity to revisit some of the core issues that relate to the obligations of parties to conflicts under Common Article1 (the obligation to respect and ensure respect), issues relating to classification of situations of violence as non-international or international…

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The NotPetya Cyber Operation as a Case Study of International Law

The recent “NotPetya” cyber-operation illustrates the complexity of applying international law to factually ambiguous cyber scenarios. Manifestations of NotPetya began to surface on 27 June when a major Ukrainian bank reported a sustained operation against its network. The Ukrainian Minister of Infrastructure soon announced ‘an ongoing and massive attack everywhere’.  By the following day, NotPetya’s impact was…

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Cyber Responses “By The Numbers” in International Law

According to open source reports, the Obama administration is considering how to retaliate against China for hacks into the US government’s Office of Personnel (OPM). Although it has hesitated to openly pin the rose on China, the reports raise questions as to how it might respond consistent with international law. The issue of responses to…

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The Tallinn Manual on the International Law applicable to Cyber Warfare

Liis Vihul is the Tallinn Manual Project Manager, NATO Cooperative Cyber Defence Centre of Excellence, Tallinn, Estonia. Although scholars began to assess how international law applies in the cyber context during the late 1990s, it was not until the 2007 cyber operations directed at Estonia that the international community became fully sensitised to the subject. For the first…

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Remote Attack and the Law

Dr Bill Boothby, the former Deputy Director of Legal Services for the Royal Air Force, published through OUP his doctoral thesis on Weapons and the Law of Armed Conflict in 2009; he has now published his second book, again through OUP, on The Law of Targeting. This post…

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