Computer Network Attack and the Use of Force in International Law
Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework
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Article in Journal: John Maynard Smith, “The Origin of Altruism,” Nature 393 (1998): 639.
Article for Conference: Yanpei Chen, et al. "What's New About Cloud Computing Security?" Technical Report for the University of California at Berkeley, Electrical Engineering and Computer Sciences Department, January 20, 2010.
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Issues: Laws of War/Cyberwar
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Synopsis
This article explores the acceptability under the 'jus ad bellum', that body of international law governing the 'resort to force' as an instrument of national policy of computer network attack. Analysis centers on the United Nations Charter's prohibition of the use of force in Article 2(4), its Chapter VII security scheme, and the inherent right to self-defense codified in Article 51. Concluding that traditional applications of the use of force prohibition fail to adequately safeguard shared community values threatened by CNA, the Article proposes an alternative normative framework based on scrutiny of the consequences caused by such operations.
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