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Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer
Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer
International Law Studies
Adverse cyber operations against States are on the rise, and so are the legal challenges related to such incidents under public international law. This article will not delve into already intensely debated problems of classification, such as whether adverse cyber operations constitute “armed attacks” or “use of force.” Rather, the article will focus on causality and attribution with special regard to problems of evidence. In particular, the article will elaborate on the applicable standards of proof to be met by the victim State when submitting, or having to submit, evidence to justify self-defense or countermeasures against the State of origin. …
The Legal Fog Of An Illusion: Three Reflections On "Organization" And "Intensity" As Criteria For The Temporal Scope Of The Law Of Non-International Armed Conflict, Jann K. Kleffner
International Law Studies
The "organization" of the non-State armed group and the "intensity" of the violence between it and its opponent(s) have emerged as the two key criteria to determine the temporal scope of the law of non-international armed conflict. These criteria have served to lift the fog of law in some important respects. Yet, several aspects of the temporal scope of the law of non-international armed conflict remain unsettled. This article addresses three of them, namely the assertion that the factors for ascertaining organization and intensity that have evolved in the jurisprudence of international criminal courts and tribunals are indicative rather than …
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
International Law Studies
Controversy and confusion pervade the law of armed conflict. Its most basic rules may seem ambiguous, vague, incomplete, or inconsistent. The prevailing view of customary international law confronts serious problems, in principle and in practice, when applied to the customary law of armed conflict. Legal indeterminacy, in its different forms, might be reduced or resolved in light of the object and purpose of the law of armed conflict, or by taking into account other relevant rules of international law. Unfortunately, the purpose of the law of armed conflict is itself the subject of deep disagreement. So is the relationship between …