As I noted in my post yesterday, the Chinese government has declined to clarify how and whether it believes the international law governing the use of applies to cyber warfare. Its refusal to do so has drawn sharp criticism from the U.S. and other cyber powers.
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Forcing China to Accept that International Law Restricts Cyber Warfare May Not Actually Benefit the U.S.
In a new Hoover paper, I argue that even if China agrees to apply international law to cyber warfare, that would probably not prevent or reduce the possibility of cyber conflict with the United States.
International law does not provide independent guidance for or limits on the U.S. strategy in Afghanistan. Public scrutiny is the only check.
AJIL Unbound is publishing an online symposium on sovereignty and cyber operations.
Suspending consideration of the strategic questions that would factor into the decision, how would the U.S. justify a pre-attack strike on North Korea under international law? And how would the rest of the world react?
A preview of Ashley Deeks's forthcoming paper on secret international agreements and the U.N. Charter.
In the wake of a recent failure to reach international consensus on the application of international law to cyber activities, the United States should seek to shape norms unilaterally by continuing to assertively investigate and indict individuals—including state actors—who engage in cyber activities that the U.S. Government ultimately would like to see the international community characterize as wrongful.
It's possible that to justify the bombing the U.S. relied on its controversial position that parties to armed conflict have the legal authority under international humanitarian law (IHL) to target objects that contribute to an opposing belligerent’s economy.
Contrary to received wisdom about congressional skepticism regarding international law, recent events reveal that Congress is stepping up to embrace it.
Instead of myopically pursuing an unlikely treaty ban, the international community should explore alternative approaches to addressing the regulatory challenges posed by autonomous weapon systems.