Year: 2018
Author: Tsagourias, Nicholas, Buchan, Russell
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 203–237
Abstract
Automatic cyber defence describes computer operations to neutralise a cyber attack. Once a system detects that it is under cyber attack, it automatically launches offensive cyber operations that pursue the attacker back to its own network with the objective of rescuing stolen data or disabling or destroying the computer hardware and software that is responsible for hosting and distributing the attacking code. The aim of this article is to examine the legality of automatic cyber defence under the law regulating the use of force in international law (jus ad bellum) and under international humanitarian law (jus in bello). Thus, the first part of this article examines automatic cyber defence in the context of the jus ad bellum by considering the legal requirements of an armed attack, necessity, and proportionality. In the second part, it examines the jus in bello aspects of automatic cyber defence and, in particular, whether it triggers an international or a non-international armed conflict and, if so, whether it can comply with the principles of distinction and proportionality.
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Journal Article Details
Publisher Name: Global Science Press
Language: English
DOI: https://doi.org/10.3790/gyil.60.1.203
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 203–237
Published online: 2018-01
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 35
Keywords: Automatic Cyber Defence Cyber Attack Cyber Armed Conflict Proportionality Necessity Distinction Direct Participation in Hostilities
Author Details
| Section Title | Page | Action | Price |
|---|---|---|---|
| Nicholas Tsagourias / Russell Buchan: Automatic Cyber Defence and the Laws of War | 1 | ||
| I. Introduction | 1 | ||
| II. Automatic Cyber Defence and Jus ad Bellum | 5 | ||
| A. Armed Attack | 5 | ||
| B. Necessity | 1 | ||
| C. Proportionality | 1 | ||
| III. Automatic Cyber Defence and Jus in Bello | 1 | ||
| A. Automatic Cyber Defence and Armed Conflict | 1 | ||
| 1. Automatic Cyber Defence and IACs | 1 | ||
| 2. Automatic Cyber Defence and NIACs | 2 | ||
| 3. Automatic Cyber Defence and Challenges to the Classification of Armed Conflict | 2 | ||
| B. The Principle of Distinction | 2 | ||
| C. The Principle of Proportionality | 3 | ||
| IV. Conclusion | 3 |