Tabansky, Lior, and Isaac Ben Israel. Cybersecurity in Israel. Springer Briefs in Cybersecurity. Whereas the debate around still focused on assessing whether cyberthreats are real or not, the growing number of cyberincidents from Stuxnet to the Great Cannon and the Bangladeshi Central Bank cyberheist has since given way to a more nuanced and detailed discussion of how to address the threats and how they relate to existing concepts and frameworks. Kanuck discusses how sovereignty and public international law apply to cyberspace, a topic that is also the focus of Demchak and Dombrowski , which argues that states are increasingly imposing Westphalian notions of sovereignty to the Internet.
Healey offers a spectrum for assessing state responsibility for cyberattacks, while Clemente evaluates what infrastructure should be considered critical. Skierka, et al. Barrett illustrates the growing number of publications assessing the use of cyberoperations from an ethical perspective, with Arquilla and Ronfeldt being among the first studies advancing the argument that cyberwarfare could potentially lead to a less violent form of warfare.
Hughes explores the feasibility of a new cybersecurity treaty, whereas Lin highlights the challenges of applying traditional arms controls to cyberspace. Arquilla, John, and David Ronfeldt. One of the earliest if not the earliest publication arguing that cyberwarfare could potentially be a less cruel and bodily harmful way of warfare. Barrett, Edward T. One of a growing number of contributions by scholars of philosophy and ethics to the discussion about rules of the road for cyberspace and potential restraints for the offensive use of the Internet for military purposes.
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The author discusses the ethical implications of offensive cyberoperations from a perspective of jus ad bellum and jus in bello. Clemente, Dave. Evaluates critical infrastructures from the perspective of global interdependence.
This report includes a set of recommendations based on the assessment that significant global interdependence exists among critical infrastructures with growing challenges. Demchak, Chris C. Argue that states are taking steps to replicate borders and to impose Westphalian sovereignty onto cyberspace, viewing Stuxnet as a turning point. The authors encourage this process partly for practical reasons, to make harm through offensive cyberoperations more difficult.
Healey, Jason. It provides an outline of the various relationships, mapping it onto a spectrum of state responsibility. Hughes, Rex. Kanuck, Sean. This article, written by the US national intelligence officer for cyber issues, discusses sovereignty in the context of cyberspace, the application of public international law, and norms and strategic considerations. Lin, Herbert S.
Highlights the challenges for an international cybersecurity agreement and the differences to traditional arms control. Discusses challenges around verification and enforcement as well as the role of transparency and confidence-building measures. Berlin: Global Public Policy Institute, Provides a general overview into the history, evolution, roles, and functions of response teams to computer security incidents, as well as the global governance structure of these teams.
The international community has been actively discussing the role and application of international law to cyberspace. Until , there was active contestation by some states such as China of applying existing law, proposing to develop new law instead. Meanwhile, international lawyers have been studying how to interpret specific international-law provisions in their application to cyberspace, primarily focusing on jus ad bellum and jus in bello. Hathaway, et al.
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Similarly, Roscini focuses on how international humanitarian law can be applied to cyberoperations. The Tallinn Manual on the International Law Applicable to Cyber Warfare Schmitt , developed by Michael Schmitt and a group of international lawyers, is the most comprehensive analysis of how international humanitarian law applies to cyberspace. Lin pushes the envelope of how international law applies, by focusing on cyberincidents whose effects remain below the threshold of use of force and armed attack, which includes the vast majority of incidents to date.
Similarly, Schmitt offers an in-depth assessment and argument in favor of applying the legal concept of due diligence to cyberspace. International Committee of the Red Cross, 19 November Hathaway, Oona A.
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Published a year prior to the release of the Tallinn Manual Schmitt , this article coauthored by Yale Law School professor Hathaway analyzes the application of international law to cyberattacks. Koh, Harold Hongju.
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Georgetown Journal of International Affairs 11 : — Focuses specifically on cyberintrusions below the threshold of use of force and armed attack, highlighting that while nearly all incidents to date fall into this category, scholars have spent significantly more attention discussing potential incidents above the threshold. Roscini, Marco. Consisting of five chapters, this book analyzes the application of international humanitarian law to cyberspace, with a chapter each on cyber operations in the context of jus ad bellum and jus in bello followed by chapters focusing on the conduct of hostilities and on the law of neutrality specifically.
New York: Cambridge University Press, In-depth discussion of how the principle of due diligence in international law could apply to cyberspace, including its preventive dimension, exploring pros and cons of its application and ultimately arguing in favor of its application.
Sharp, Walter G. Cyberspace and the Use of Force. Comprehensive analysis by former deputy legal counsel to the chairman of the US Joint Chiefs of Staff on how existing international law applies to the use of force in cyberspace, arguing that existing international law applies and that potential further attempts to regulate such activities first require an understanding of the application of existing law and identification of potential gaps.
Finnemore discusses norms for cyberspace in the context of the broader related international relations IR literature, while Hollis is an example of a specific norm proposed for cyberspace, using an analogy to existing norms.
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Kavanagh, et al. Farrell, Henry. Promoting Norms for Cyberspace. New York: Council on Foreign Relations, Finnemore, Martha. Edited by Kristin M. Lord and Travis Sharp, 89— Applies IR theory on norms to the political effort of developing international norms for cyberspace.
Group of Hollis, Duncan B. Analyzes the applicability of international law to cyberspace and proposes to develop a norm similar to the SOS in the maritime domain for cyberspace. Hurwitz, Roger, ed. Cyber Policy Process Brief. Provides comprehensive overview of international processes at regional and global levels from to , focusing not just on cybersecurity but on other related information and communications technology ICT issues from a broader diplomatic lens.
This publication consists of eleven chapters discussing cyber norms from the perspectives of international law the and US Department of Defense Law of War Manual ; the process at the UN; and confidence-building measures, in comparison to space, with regard to China; as well as from the perspective of the private sector.
UN General Assembly.
Following the first consensus report adopted by the preceding group of governmental experts under the auspices of the UN in , this report is particularly noteworthy for its affirmation that existing international law and the UN Charter apply online as well as offline, after years of resistance by some states. Building on UN General Assembly , this document is the first detailed report adopted by the group of governmental experts under the auspices of the UN, with specific details regarding the application of international law and outlining specific norms for cyberspace.
Emulating the concept of confidence-building measures CBMs developed during the Cold War, states in the early 21st century have started to focus on enhancing transparency and cooperation in the context of cybersecurity to reduce misperceptions and mistrust. Healey, et al.
Healey, Jason, John C. Washington, DC: Atlantic Council, Proposes a multistakeholder-centric approach including nongovernmental actors to developing CBMs for cybersecurity, outlining four types of CBMs ranging from collaboration to crisis management, restraint, and engagement. Written two years prior to the adoption of a first set of cybersecurity CBMs by the OSCE member states, this article analyzes and argues in favor of CBMs to enhance international cooperation.
Organization for Security and Co-operation in Europe. Outlines the most comprehensive set of CBMs agreed to by states multilaterally, building on an initial set adopted by the OSCE in UN Institute for Disarmament Research. Geneva, Switzerland: UN, Much of the strategic literature developed after World War II focused on the concept of deterrence. Comprehensive frameworks of deterrence were soon adapted specifically for the context of the Cold War and nuclear deterrence.