{"title":"Who Did It? Attribution of Cyber Intrusions and the Jus in Bello","authors":"W. Banks","doi":"10.1093/oso/9780190915322.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780190915322.003.0009","url":null,"abstract":"The central concepts that make up the Law of Armed Conflict (LOAC) have not been easy to adapt to cyber operations. In addition to their kinetic history and orientation, the core LOAC principles do not in most instances anticipate the kind of cyber-specific analysis that should accompany the use of increasingly advanced cyber systems and tools in conflict. Cyber operations rarely cause physical damage, much less injury or death. More often they cause cyber harm—by corrupting, manipulating or stealing data, denying access to a website, or interfering temporarily with the functionality of information systems. Or they indirectly disrupt or damage objects that are not part of the cyber domain. Measuring the harm from a cyber incident and calculating that harm in ways that the LOAC credits remains challenging, as does defining and distinguishing civilian and military objects, and accounting for the indirect effects of cyber operations. The LOAC also has not settled on a legal status for critical national security-related components of the cyber domain, including data and dual-use infrastructure.","PeriodicalId":163326,"journal":{"name":"The Impact of Emerging Technologies on the Law of Armed Conflict","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130371618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Assessing LOAC Compliance and Discourse as New Technologies Emerge","authors":"Laurie R. Blank","doi":"10.1093/oso/9780190915322.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780190915322.003.0002","url":null,"abstract":"This chapter explores the consequences for effective discourse about the Law of Armed Conflict (LOAC) compliance of new technologies that intentionally or effectively mask the effects of an attack, the location or identify of the attackers, or even the very existence of an attack during armed conflict. The emergence of new weapons technologies that hinder or eliminate our ability to see the effects of attacks, to make the necessary connections between cause and effect, or to even identify the existence of an attack, may well erode the current trend towards the use of effects-driven, outcome-based analysis, which, although incorrect as a matter of law, nonetheless has captured attention. Examining how legal compliance can or would be assessed in such situations of new technologies is therefore useful to help enhance both implementation and analysis of the law. The chapter first frames the problem that new technologies may pose for assessing LOAC compliance, highlighting what may be, in essence, a new “effects problem.” These problems include situations where the effects of an attack are unclear or cannot be seen at all, where the connection between the weapon or attacker and the effects cannot be identified, and where a harm may occur but it is unclear or impossible to tell that there was an attack. The chapter then addresses the consequences of this potential new “effects problem,” examining the challenges of legal analysis in the absence of externally identifiable information about what happened, who suffered what effects, or who launched what type of weapon or attack. In addition, the chapter seeks to identify pressure points for LOAC analysis in the context of new technologies that place stressors on the traditional tools and touchstones of legal analysis.","PeriodicalId":163326,"journal":{"name":"The Impact of Emerging Technologies on the Law of Armed Conflict","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131803185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}