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Full-Text Articles in Law
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
International Law Studies
This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …
Aid And Assistance As A “Use Of Force” Under The Jus Ad Bellum, Michael N. Schmitt, W. Casey Biggerstaff
Aid And Assistance As A “Use Of Force” Under The Jus Ad Bellum, Michael N. Schmitt, W. Casey Biggerstaff
International Law Studies
Although the prohibition of the use of force is a cornerstone of international law, our understanding of what constitutes a “use of force” under Article 2(4) of the UN Charter nonetheless continues to evolve. While the term was traditionally understood to mean armed force, emerging interpretations are expanding our understanding of the prohibition’s breadth. The Charter’s text, travaux préparatoires, and subsequent interpretations and practice by States, reinforced by the persuasive reasoning of the International Court of Justice, all confirm that the notion of force extends to indirect force, which includes military support provided to parties to a conflict. Yet, to …
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
International Law Studies
This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.
Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …
Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk
Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk
International Law Studies
So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.
This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …
Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson
Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson
International Law Studies
Facing hostile cyber operations, States are crafting responsive strategies, tactics and rules of engagement. One of the major challenges in doing so is that key aspects of the international law governing cyber responses are vague, unsettled or complex. Not surprisingly, therefore, international law is markedly absent from strategies and operational concepts. Rather, they tend to take on a practical “tit-for-tat” feel as policymakers logically view “in-kind” responses as “fair play.” For them, responding in-kind surely must be lawful notwithstanding any challenges in discerning the precise legal character of the initial hostile cyber operation.
Testing that sense, this article examines the …
Autonomous Cyber Capabilities Below And Above The Use Of Force Threshold: Balancing Proportionality And The Need For Speed, Peter Margulies
Autonomous Cyber Capabilities Below And Above The Use Of Force Threshold: Balancing Proportionality And The Need For Speed, Peter Margulies
International Law Studies
Protecting the cyber domain requires speedy responses. Mustering that speed will be a task reserved for autonomous cyber agents—software that chooses particular actions without prior human approval. Unfortunately, autonomous agents also suffer from marked deficits, including bias, unintelligibility, and a lack of contextual judgment. Those deficits pose serious challenges for compliance with international law principles such as proportionality.
In the jus ad bellum, jus in bello, and the law of countermeasures, compliance with proportionality reduces harm and the risk of escalation. Autonomous agent flaws will impair their ability to make the fine-grained decisions that proportionality entails. However, a …
Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen
Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen
International Law Studies
The nature of modern armed conflicts, combined with traditional interpretations of proportionality, poses serious challenges to the jus ad bellum goal of limiting and controlling wars. In between the jus ad bellum focus on decisions to use force, and the international humanitarian law (IHL) regulation of specific attacks, there is a far-reaching space in which the regulatory role of international law is bereft of much needed clarity. Perhaps the most striking example is in relation to overall casualties of war. If the jus ad bellum is understood as applying to the opening moments of the conflict, then it cannot provide …
Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin
Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin
International Law Studies
This article proposes an alternative to the conventional way of deciding when a State may target or detain members of an armed group. Instead of asking whether there is an armed conflict between the State and the group, this article argues that we should look at the State’s justification for the use of force against the group or its members. In a non-international context, this justification is rooted in human rights law. For this reason, the authorization for the resort to force operates on an individual basis, and the State is only justified in using force against individual members of …
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
International Law Studies
In Al-Saadoon and Others v. Secretary of State for Defence, the High Court of Justice of England and Wales has found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially simply through the use by State agents of physical force against an individual. This article explains the judgment and places it in the context of the development of the law both in the United Kingdom and at the European Court of Human Rights (ECtHR). While it remains subject to appeal domestically and its approach may not be followed by the ECtHR, …
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
International Law Studies
This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …
The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin
The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin
International Law Studies
Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.
Iraq And The "Fog Of Law", John F. Murphy
Iraq And The "Fog Of Law", John F. Murphy
International Law Studies
No abstract provided.
Iraq's Transformation And International Law, Ruth Wedgwood
Iraq's Transformation And International Law, Ruth Wedgwood
International Law Studies
No abstract provided.
Full Volume 79: International Law And The War On Terror
Full Volume 79: International Law And The War On Terror
International Law Studies
No abstract provided.
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
Chapter Iii: State Practice During Thepre-United Nations Period
Chapter Iii: State Practice During Thepre-United Nations Period
International Law Studies
No abstract provided.
Some Thoughts On Computer Network Attack And The International Law Of Armed Conflict, Louise Doswald-Beck
Some Thoughts On Computer Network Attack And The International Law Of Armed Conflict, Louise Doswald-Beck
International Law Studies
No abstract provided.
Computer Network Attacks And Self-Defense, Yoram Dinstein
Computer Network Attacks And Self-Defense, Yoram Dinstein
International Law Studies
No abstract provided.
Computer Network Attack As A Use Of Force Under Article 2(4) Of The United Nations Charter, Daniel B. Silver
Computer Network Attack As A Use Of Force Under Article 2(4) Of The United Nations Charter, Daniel B. Silver
International Law Studies
No abstract provided.
Self-Defense Against Computer Network Attack Under International Law, Horace B. Robertson Jr.
Self-Defense Against Computer Network Attack Under International Law, Horace B. Robertson Jr.
International Law Studies
No abstract provided.
Full Volume 76: Computer Network Attack And International Law
Full Volume 76: Computer Network Attack And International Law
International Law Studies
No abstract provided.
Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith
Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Introduction To International Law, Richard R. Baxter
Introduction To International Law, Richard R. Baxter
International Law Studies
No abstract provided.
The Nature Of The Nation·State System, David D. Warren
The Nature Of The Nation·State System, David D. Warren
International Law Studies
No abstract provided.
Authority To Use Force On The High Seas, Myres S. Mcdougal
Authority To Use Force On The High Seas, Myres S. Mcdougal
International Law Studies
No abstract provided.
Legal Aspects Of Counterinsurgency, J. F. Hogg
Legal Aspects Of Counterinsurgency, J. F. Hogg
International Law Studies
No abstract provided.
Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson
Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson
International Law Studies
No abstract provided.
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law Studies
No abstract provided.
Forcible Self-Help In International Law, James J. Mchugh
Forcible Self-Help In International Law, James J. Mchugh
International Law Studies
No abstract provided.
Military Justice A Reinforcer Of Discipline, Robert S. Poydasheff
Military Justice A Reinforcer Of Discipline, Robert S. Poydasheff
International Law Studies
No abstract provided.