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Full-Text Articles in Law
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 …
The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller
The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller
International Law Studies
The United States has reportedly been debating whether to "react to some nuclear or missile test with a targeted strike against a North Korean facility to bloody Pyongyang’s nose and illustrate the high price the regime could pay for its behavior." This article asks a simple question: would such a “bloody nose strike” (BNS) violate the jus ad bellum?
Providing a coherent answer is complicated by the lack of clarity surrounding the United States’ planning. In particular, the U.S. government has not specified what kind of provocation it believes would justify launching a BNS, has not identified precisely what …
Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó
Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó
International Law Studies
This article examines the most pertinent questions relating to the applicability of the right of self-defense to attacks conducted by non-State armed groups (NSAGs) acting independently of State control from the territory of one or more States against the territory of another State. These questions are approached from the perspective of legality (does the right of self-defense apply to attacks not mounted by or under the control of a State) and modality (assuming the applicability of self-defense to such attacks; how do the principles of necessity, proportionality and immediacy affect its application)? Starting with an assessment of the place of …
A Legal Theory Of Collective Security, David Frolick
A Legal Theory Of Collective Security, David Frolick
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On The Problem Of Defining Aggression, Salo Engel, James L. Taulbee
Discussion On The Problem Of Defining Aggression, Salo Engel, James L. Taulbee
Georgia Journal of International & Comparative Law
No abstract provided.
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
Georgia Journal of International & Comparative Law
No abstract provided.
The Right Of Counterintervention, John A. Perkins
The Right Of Counterintervention, John A. Perkins
Georgia Journal of International & Comparative Law
No abstract provided.
Comparing The 1993 U.S. Airstrike On Iraq To The 1986 Bombing Of Libya: The New Interpretation Of Article 51, Stuart G. Baker
Comparing The 1993 U.S. Airstrike On Iraq To The 1986 Bombing Of Libya: The New Interpretation Of Article 51, Stuart G. Baker
Georgia Journal of International & Comparative Law
No abstract provided.