The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare

The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare

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Most cyber-intrusions now and in the foreseeable future will take place outside the traditional consensus normative framework for uses of force supplied by international law. For the myriad, multi-layered and multi-faceted cyber-attacks that disrupt but do not destroy, whether state-sponsored or perpetrated by organized private groups or single hacktivists, much work remains to be done to build a normative architecture that will set enforceable limits on cyber intrusions and provide guidelines for responses to disruptive cyber-intrusions. In this paper, my interest is directed at a subset of those cyber-attacks a€“ those where terrorists are responsible or attribution is not known but points in terroristsa€™ direction, and where the effects are very disruptive but not sufficiently destructive to cross the traditional LOAC and Charter self-defense thresholds. For this subset of cyber attacks, counterterrorism law may offer a useful complementary normative supplement to LOAC and the Charter. Especially over the last decade, a corpus of counterterrorism law has evolved as domestic and international law in response to transnational terrorism. In contrast to the dominant pre-September 11 conception that countering terrorism involved either the use of military force or enforcement of the criminal laws, counterterrorism law now incorporates a diverse range of responses to terrorism, many of which are borrowed, sometimes in modified form, from existing international and domestic law. Based on a maturing international legal regime, this article concludes that over time and through state practice, along with legal, strategy and policy development in the international community a set of counterterrorism law norms for cyber war could emerge.... COUNCIL, PROCEEDINGS OF A WORKSHOP ON DETERRING CYBERATTACKS: INFORMING STRATEGIES AND DEVELOPING ... the Use of Force in International Law: Thoughts on a Normative Framework, 37 COLUMBIAJOURNAL OF TRANSNATIONAL LAW 885, ... 14 (2011) [hereinafter INTERNATIONAL STRATEGY FOR CYBERSPACE]; see also TALLINN MANUAL , supra note 13, rule 11.

Title:The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare
Author: William Banks
Publisher:Maroon Ebooks - 2015-03-08

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