Applicability of the Additional Protocols to Computer Network Attacks

Full Title of Reference

Applicability of the Additional Protocols to Computer Network Attacks

Full Citation

Knut Dörmann, Applicability of the Additional Protocols to Computer Network Attacks (2004) Web

BibTeX

Categorization

• Issues: Cyberwar

Synopsis

Explores whether international humanitarian law (IHL) in general applies to computer network attacks (CNA) and what specific prohibitions or limitations on the use of computer network attacks follow from international humanitarian law, in particular from the Additional Protocols. From the International Expert Conference on Computer Network Attacks and the Applicability of International Humanitarian Law, Stockholm, 17-19.11.2004

Additional Notes and Highlights

Outline:

 1. Introductory remarks
 2. Do the rules giving effect to the principle of distinction apply to CNA and how should they be applied?
   a) The prohibition of indiscriminate attacks
   b) Does CNA allow the targeting of a broader range of objects?
   c) Precautions in attack
 3. What prohibitions or limitations to CNA follow from rules giving special protection to certain objects?
 4. What activities of civilians relating to CNA constitute direct participation in hostilities and cause them to lose their protection against direct attack?
 5. Must the defender fulfil specific requirements in order to comply with its obligation to take precautions against attacks?
 6. Do specific prohibitions of methods of warfare, such as the prohibition of perfidy or of improper use of protected emblems, signs and signals, apply to CNA and, if so, in which way?
 7. Conclusions