Cyber Attacks as "Force" under UN Charter Article 2(4)
I a 2010 article in Foreign Affairs, Deputy Secretary of Defense William Lynn revealed that in 2008 the Department of Defense suffered “the most significant breach of U.S. military computers ever” when a flash drive inserted into a US military laptop surreptitiously introduced malicious software into US Central Command’s classified and unclassified computer systems.1 Lynn explains that the US government is developing defensive systems to protect military and civilian electronic infrastructure from intrusions and, potentially worse, disruptions and destruction, and it is developing its own cyber-strategy “to defend the United States in the digital age.”2 To what extent is existing international law, including the UN Charter, adequate to regulate cyber attacks and related offensive and defensive activities today and in the future? By “cyber attacks” I mean efforts to alter, disrupt, degrade or destroy computer systems or networks or the information or programs on them.3 This article examines one slice of that legal puzzle: the UN Charter’s prohibitions of the threat or use of “force” contained in Article 2(4).4 Other writings in this volume deal with questions such as Article 51’s self-defense provisions and questions of State responsibility, and there are other international legal prohibitions and regulations that are relevant as well. But Article 2(4) is a good place to start
New capabilities in warfare: an overview of contemporary technological developments and the associated legal and engineering issues in Article 36 weapons reviews
Abstract The increasing complexity of weapon systems requires an interdisciplinary approach to the conduct of weapon reviews. Developers need to be aware of international humanitarian law principles that apply to the employment of weapons. Lawyers need to be aware of how a weapon will be operationally employed and use this knowledge to help formulate meaningful operational guidelines in light of any technological issues identified in relation to international humanitarian law. As the details of a weapon's capability are often highly classified and compartmentalized, lawyers, engineers, and operators need to work cooperatively and imaginatively to overcome security classification and compartmental access limitations.
The Arab Oil Weapon—A Threat to International Peace
The month of October, 1973, brought with it Arab coercion in two forms: the first was the military attack against Israeli forces begun on October 6 ; the second was the use of economic coercion against countries that, in Arab eyes, either supported Israel or did not support the Arabs in their present quests (which include the return of claimed “Arab” lands, favorable settlement of the Palestinian peoples' claim for self-determination, and other political and military objectives).