A Proposal for an International Convention To Regulate the Use of Information Systems in Armed Conflict

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Full Title of Reference

A Proposal for an International Convention To Regulate the Use of Information Systems in Armed Conflict

Full Citation

Davis Brown, A Proposal for an International Convention To Regulate the Use of Information Systems in Armed Conflict, 47 Harv. Int'l L.J. 179 (2006). Web

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Synopsis

This Article examines the principles and speciac areas that a comprehensive body of international law regulating information warfare must cover. It explores the tension between the needs of military forces to engage in information warfare and the rights of non-participants to safety and security. In doing so, the Article attempts to fashion a legal standard that is palatable to the major participants in information warfare. To that end, a hypothetical convention, Regulating the Use of Information Systems in Armed Conoict, is presented at the end of this work.


Additional Notes and Highlights

Outline: 

 I. Scope of the Convention
   A. Understanding the Need
   B. Deaning the Weapon
   C. When Are Computers Used in Armed Conoict?
     1. Deanitions
     2. Casus Belli
     3. Espionage and Sabotage
   D. Conclusion
 II. The Principle of Distinction
   A. Status of Information Warriors
   B. Principle of Distinction Applied to Information Attack
     1. Physical Damage
     2. Economic Damage
     3. Malicious Code
   C. Conclusion
 III. Methods and Means of Warfare
   A. Military Necessity
   B. Humanity
   C. Proportionality
   D. Chivalry
     1. Prohibition of Perady
     2. Perady and Malicious Code
     3. Morphing
   E. Conclusion
 IV. Neutrality
   A. Information Attacks by or Against Neutral States
   B. Misuse of a Neutral State’s Cyberspace
   C. Use of Neutral States’ Systems as Conduits for Information Attacks
   D. Conclusion
 V. Enforcement of the Law of Information Warfare
 VI. Conclusion
 Appendix: Draft Convention Regulating the Use of Information Systems in Armed conflicts
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