Cyber
Russian Cyber Operations and Ukraine: The Legal Framework
Last week, hostile cyber operations targeted approximately 70 Ukrainian government websites, including that of the Cabinet. Affected sites included Diia, the most widely used site for handling online government services. The operations included posting the message,...
Private Companies in Cyber Operations During Armed Conflict
The legal implications surrounding military offensive cyber operations in armed conflict have received considerable attention from scholars and practitioners. In contrast, this piece assesses the implications for how the rules of international humanitarian law (IHL)...
Hacking International Organizations: The Role of Privileges and Immunities
International organizations (IOs) collect vast quantities of information as part of their daily activities. Depending on the organization’s mandate, this information can relate to the monitoring of sanctions; the enforcement of arms control regimes; counterterrorism...
Hays Parks’s Influence on Cyberspace Operations Capabilities
The recent Articles of War series honoring Hays Parks was a fitting tribute to a great American lawyer that reintroduced his work to the military legal community and its newest generations. The series referenced a seminal paper in which he addressed international...
Terminological Precision and International Cyber Law
The recent spate of hostile cyber operations by States, non-State groups affiliated with States, and non-State groups operating on their own has resulted in a cacophony of pronouncements and commentary by political leaders, pundits, journalists, and legal experts. As...
When Corporations Take Offensive Measures Against States
Cyberattacks are increasingly inundating the private sector, and most States are unable or unwilling to provide adequate protection against these attacks. To mitigate this challenge, numerous corporations acknowledge that they have engaged in some form of active cyber...
Cyber Operations and The Imperfect Art of “Translating” the Law of War to New Technologies
Since the inception of combat as an organized endeavor, humans have innovated new means and methods of warfare to gain advantage over their adversaries. Some of these innovations have been subtle. Others have been far more impactful and transformative,...
Noteworthy Releases of International Cyber Law Positions—PART II: Iran
Last week, Iran’s Armed Forces released its “Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace.” Noting that the military has a “mandate…under the command of the Supreme...
Noteworthy Releases of International Cyber Law Positions—PART I: NATO
Although efforts such as the Tallinn Manual 2.0 project have contributed greatly to understanding how international law rules apply in the cyber context, much work remains to be done. Indeed, a significant grey zone in the international law of cyberspace...