Overview

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.

Full Product Details

Author:   Marco Roscini (Professor of International Law, Reader in International Law, University of Westminster)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 2.60cm , Length: 24.00cm
Weight:   0.646kg
ISBN:  

9780199655014

ISBN 10:   0199655014
Pages:   336
Publication Date:   13 March 2014
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Reviews

It will come as no surprise to anyone who has read any of Roscinis previous work to hear that Cyber Operations and the Use of Force in International Law is a very well written book. It is engaging to read, focused and clear throughout. There are helpful touches, like the bullet point summaries at the end of each chapter listing the key points made therein, or the handy tables setting out the analysis in a different form for quick reference... the book is extremely well researched and provides detailed analysis on virtually any question that one might raise on the application of the jus ad bellum or jus in bello to cyber warfare. Roscini is now one of the leading legal experts in the world on cyber operations and Cyber Operations and [this book] forms one-third of a recent holy trinity of major works on the topic. It is essential reading for anyone interested in cyber war and international law. Prof. James A. Green, Journal on the Use of Force in International Law Marco Roscini's book engages in a detailed, rigorous and well informed doctrinal analysis of the application of this legal framework to cyber operations, which singles it out as a highly significant resource in the field... [T]his book is an exhibition of excellent legal scholarship. In chapter 1 Roscini explains that the book's 'overall goal is to provide a systematic and coherent analysis of the international law applicable to military cyber operations that will be of use to anyone who wants or needs to understand the basic issues of the rules of international law on the use of force and the law of armed conflict'. Incontrovertibly, this book successfully and impressively achieves this objective. Russell Buchan, British Yearbook of International Law The increasing amount of cyber attacks and cyber exploitation operations by States and non-State actors calls for a comprehensive review of the current legal framework and its loopholes. Marco Roscini's admirable study of pertinent rules of international law, whether based on treaty or custom, underlines the applicability of existing law to new technological developments. His convincing examination of relevant rules of the jus ad bellum, the jus in bello and the law of neutrality will facilitate implementation of the law in a particularly complex environment and may also help to inform peacetime cooperation on cyber security for which sustainable efforts and effective new regulation are urgently required. Dieter Fleck, Former Director International Agreements & Policy, German Ministry of Defence, Member of the Advisory Board, Amsterdam Center of International Law The present volume by Dr. Marco Roscini ... is a systematic, up-to-date and well-informed analysis of the legal discourse that has taken place thus far. The author identifies the issues that have given rise to much discussion, marshals the evidence and provides a clear picture of where cyber operations stand in the overall scheme of the international law of armed conflict. This gives him an opportunity to delve into many controversial aspects of that law, irrespective of their kinetic/cyber application. ... The book surely sets the stage for the future encounter between law and reality. Yoram Dinstein, from the Foreword Land, sea and air are no more the only domains where hostilities are conducted. Cyberspace has now become the fourth dimension. Marco Roscini's book on Cyber Operations and the Use of Force in International Law explores this new and challenging subject. Taking into account recent State practice, the author relies on traditional customary and treaty law to construe rules applicable to cyber operations. He examines all the main chapters of the law of armed conflict: jus ad bellum, jus in bello and the law of neutrality. A sound knowledge of the law of armed conflict allows the author to formulate a complete set of rules for cyber operations in a clear and realistic mode. Dr. Roscini's book is to be recommended to the attention of scholars, legal advisors and to all concerned with planning defence operations. Natalino Ronzitti, Emeritus Professor of International Law, Luiss University, Rome

The increasing amount of cyber attacks and cyber exploitation operations by States and non-State actors calls for a comprehensive review of the current legal framework and its loopholes. Marco Roscini's admirable study of pertinent rules of international law, whether based on treaty or custom, underlines the applicability of existing law to new technological developments. His convincing examination of relevant rules of the jus ad bellum, the jus in bello and the law of neutrality will facilitate implementation of the law in a particularly complex environment and may also help to inform peacetime cooperation on cyber security for which sustainable efforts and effective new regulation are urgently required. Dieter Fleck, Former Director International Agreements & Policy, German Ministry of Defence, Member of the Advisory Board, Amsterdam Center of International Law The present volume by Dr. Marco Roscini ... is a systematic, up-to-date and well-informed analysis of the legal discourse that has taken place thus far. The author identifies the issues that have given rise to much discussion, marshals the evidence and provides a clear picture of where cyber operations stand in the overall scheme of the international law of armed conflict. This gives him an opportunity to delve into many controversial aspects of that law, irrespective of their kinetic/cyber application. ... The book surely sets the stage for the future encounter between law and reality. Yoram Dinstein, from the Foreword Land, sea and air are no more the only domains where hostilities are conducted. Cyberspace has now become the fourth dimension. Marco Roscini's book on Cyber Operations and the Use of Force in International Law explores this new and challenging subject. Taking into account recent State practice, the author relies on traditional customary and treaty law to construe rules applicable to cyber operations. He examines all the main chapters of the law of armed conflict: jus ad bellum, jus in bello and the law of neutrality. A sound knowledge of the law of armed conflict allows the author to formulate a complete set of rules for cyber operations in a clear and realistic mode. Dr. Roscini's book is to be recommended to the attention of scholars, legal advisors and to all concerned with planning defence operations. Natalino Ronzitti, Emeritus Professor of International Law, Luiss University, Rome

Author Information

Marco Roscini is Professor of International Law at the University of Westminster Law School. Prof. Roscini has a PhD from the University of Rome 'La Sapienza' and was previously a Research Fellow in International Law at the University of Verona School of Law. He lectured in international security law at University College London (UCL), King's College London, Queen Mary University of London, and the Ecole des Relations Internationales in Paris. He has published a monograph on nuclear-weapon-free zones and is the co-editor of Non-Proliferation Law as a Special Regime. Prof. Roscini is a member of the International Law Association (ILA)'s Committee on Nuclear Weapons, Non-proliferation and Contemporary International Law, of the Academic Network (AN) Programme on International Cyber Security, and of the EU Non-proliferation Consortium. In 2012, he was awarded a Leverhulme Research Fellowship for the academic year 2012-2013 to conduct his research on cyber operations.

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