Computer Network Attack and the Use of Force in International Law

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Full Title of Reference

Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework

Full Citation

Michael N. Schmitt, Computer Network Attack and the Use of Force in International Law. Thoughts on a Normative Framework., 37 Colum. J. Transnat'l L. 885 (1999). Web SSRN

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Categorization

Key Words

computer, network, cyber, jus an bellum, use of force, international law, self-defense, self-defence, collective security

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.

Additional Notes and Highlights

 Introduction
 I. Understanding Computer Network Attack
 II. Computer Network Attack as a Use of Force
 III. Responding to Computer Network Attacks with Force
 IV. Concluding Thoughts on the Appropriate Normative Framework
 Endnotes