Cyber War
Law and Ethics for Virtual Conflicts
Series: Ethics, National Security, and the Rule of Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 March 2015
- ISBN 9780198717508
- Binding Paperback
- No. of pages308 pages
- Size 246x171 mm
- Weight 519 g
- Language English 360
Categories
Short description:
Cyber warfare has become more pervasive and more complex in recent years. It is difficult to regulate, as it holds an ambiguous position within the laws of war. This book investigates the legal and ethical ramifications of cyber war, considering which sets of laws apply to it, and how it fits into traditional ideas of armed conflict.
MoreLong description:
Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict.
The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
Cyberwar: Law and Ethics for Virtual Conflicts provides a useful and interesting contribution to a global policy field that is still largely unchartered.
Table of Contents:
Part I: Foundational Questions of Cyberwar
The Nature of War and the Idea of "Cyberwar"
Is There Anything Morally Special about Cyberwar?
Cyber Causation
Cyberterrorism and Enemy Criminal Law
Cyberwar versus Cyber Attack: The Role of Rhetoric in the Application of Law to Activities in Cyberspace
The Rise of Non-State Actors in Cyberwarfare
Re-Thinking the Boundaries of Law in Cyberspace: A Duty to Hack?
Cyber Espionage or Cyberwar?: International Law, Domestic Law, and Self-Protective Measures
Deception in the Modern, Cyber Battlespace
Evidentiary Issues in International Disputes Related to State Responsibility for Cyber Operations
Low-Intensity Cyber Operations and the Principle of Non-Intervention
Cyber War: Law and Ethics for Virtual Conflicts
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