Cyber-Peacekeeping and International Law
In: Nicholas Tsagourias and Russell Buchan, Research Handbook on International Law and Cyberspace, 2nd ed, Elgar, 2021
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In: Nicholas Tsagourias and Russell Buchan, Research Handbook on International Law and Cyberspace, 2nd ed, Elgar, 2021
SSRN
In: Journal of international humanitarian legal studies, Band 11, Heft 2, S. 331-347
ISSN: 1878-1527
Reflecting on the covid-19 infodemic, this paper identifies different dimensions of information disorder associated with the pandemic, examines how online platform governance has been evolving in response, and reflects on what the crisis reveals about the relationship between online platforms, international law, and the prospect of regulation. The paper argues that online platforms are intermediary fiduciaries of the international public good, and for this reason regulation should be informed by relevant standards that apply to fiduciary relationships.
In: European journal of international law, Band 31, Heft 3, S. 941-967
ISSN: 1464-3596
Abstract
Considering the role of attribution in the law of state responsibility, this article examines the technical and international law methodologies and determinants used when attributing malicious cyber activities falling below the use-of-force threshold to a state, and identifies the challenges that arise which lead to responsibility gaps. The article goes on to discuss a number of proposals that aim to improve the effectiveness of the attribution process and also close some of the existing responsibility gaps. They include institutional proposals envisaging the creation of an international attribution agency; normative proposals advocating the revision of the legal determinants of attribution; and proposals concerning the standard of proof. The aim of the article is to reconstruct the theory and practice of cyber attribution in order to enhance the regulatory potential of international law in this area.
In: International Law Studies 2020
SSRN
In: German yearbook of international law: Jahrbuch für internationales Recht, Band 60, Heft 1, S. 203-237
ISSN: 2195-7304
Automatic cyber defence describes computer operations to neutralise a cyber attack. Once a system detects that it is under cyber attack, it automatically launches offensive cyber operations that pursue the attacker back to its own network with the objective of rescuing stolen data or disabling or destroying the computer hardware and software that is responsible for hosting and distributing the attacking code. The aim of this article is to examine the legality of automatic cyber defence under the law regulating the use of force in international law (jus ad bellum) and under international humanitarian law (jus in bello). Thus, the first part of this article examines automatic cyber defence in the context of the jus ad bellum by considering the legal requirements of an armed attack, necessity, and proportionality. In the second part, it examines the jus in bello aspects of automatic cyber defence and, in particular, whether it triggers an international or a non-international armed conflict and, if so, whether it can comply with the principles of distinction and proportionality.
In: Journal of conflict & security law, Band 21, Heft 3, S. 377-381
ISSN: 1467-7962
In: Journal of conflict and security law, Band 21, Heft 3, S. 377-381
ISSN: 1467-7954
In: Journal of conflict and security law, Band 17, Heft 2, S. 183-183
ISSN: 1467-7954
In: Journal of conflict & security law, Band 27, Heft 2, S. 131-134
ISSN: 1467-7962
In: Journal of common market studies: JCMS, Band 39, Heft 1, S. 194
ISSN: 0021-9886