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Cyber Operations and the Use of Force in International Law (Paperback)
Loot Price: R1,260
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Cyber Operations and the Use of Force in International Law (Paperback)
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The internet has changed the rules of many industries, and war is
no exception. But can a computer virus be classed as an act of war?
Does a Denial of Service attack count as an armed attack? And does
a state have a right to self-defence when cyber attacked? With the
range and sophistication of cyber attacks against states showing a
dramatic increase in recent times, this book investigates the
traditional concepts of 'use of force', 'armed attack', and 'armed
conflict' and asks whether existing laws created for analogue
technologies can be applied to new digital developments. The book
provides a comprehensive analysis of primary documents and
surrounding literature, to investigate whether and how existing
rules on the use of force in international law apply to a
relatively new phenomenon such as cyberspace operations. It
assesses the rules of jus ad bellum and jus in bello, whether based
on treaty or custom, and analyses why each rule applies or does not
apply to cyber operations. Those rules which can be seen to apply
are then discussed in the context of each specific type of cyber
operation. The book addresses the key questions of whether a cyber
operation amounts to the use of force and, if so, whether the
victim state can exercise its right of self-defence; whether cyber
operations trigger the application of international humanitarian
law when they are not accompanied by traditional hostilities; what
rules must be followed in the conduct of cyber hostilities; how
neutrality is affected by cyber operations; whether those
conducting cyber operations are combatants, civilians, or civilians
taking direct part in hostilities. The book is essential reading
for everyone wanting a better understanding of how international
law regulates cyber combat.
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