You can’t cyber in here, this is the War Room! A rejection of the effects doctrine on cyberwar and the use of force in international law

Journal article


Kliem, T. 2017. You can’t cyber in here, this is the War Room! A rejection of the effects doctrine on cyberwar and the use of force in international law. Journal on the Use of Force and International Law. 4 (2). https://doi.org/10.1080/20531702.2017.1338388
AuthorsKliem, T.
Abstract

There is a growing consensus in the literature on the applicability of the jus ad bellum to cyber-attacks that the effects caused by an attack should determine whether the attack constitutes a use of force (Article 2(4) of the UN Charter) or an armed attack giving rise to self-defence (Article 51 of the UN Charter). This article argues that this approach is inconsistent and dangerous. The push to include cyber-attacks in the existing framework on the use of force disregards the consensus on other non-conventional uses of force like economic sanctions and damage caused by espionage, and it is premised on dangerous hyperbole in sensational media stories. Such an approach ignores serious practical problems regarding the attribution of cyber-attacks and would open the door wide for abuse. There is no reason to weaken the effectiveness of a deliberately narrow system on the use of force based on dystopian scenarios.

KeywordsUse of force, armed attack, self-defence, cyber-attacks, cyberwar, hacking
Year2017
JournalJournal on the Use of Force and International Law
Journal citation4 (2)
PublisherTaylor & Francis
ISSN2053-1710
Digital Object Identifier (DOI)https://doi.org/10.1080/20531702.2017.1338388
Publication dates
Online13 Jun 2017
Publication process dates
Deposited10 Jul 2017
Accepted23 Mar 2017
Submitted20 Nov 2016
Accepted author manuscript
Output statusPublished
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https://repository.canterbury.ac.uk/item/88392/you-can-t-cyber-in-here-this-is-the-war-room-a-rejection-of-the-effects-doctrine-on-cyberwar-and-the-use-of-force-in-international-law

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