Abstract

http://ssrn.com/abstract=2154938
 


 



Cyber Attacks: Proportionality and Precautions in Attack


Eric Talbot Jensen


Brigham Young University School of Law

October 1, 2012

89 Int'l L. Stud. 198 (2013)

Abstract:     
Malicious cyber activities are becoming more and more commonplace, including between nations. This has caused great speculation as to the rules that govern military cyber operations, particularly during armed conflict. The upcoming publication of the Tallinn Manual on the International Law Applicable to Cyber Warfare is indicative of the importance of this discussion. This article analyzes the application of the law of armed conflict principles of proportionality and precautions to cyber operations, including reference to the Tallinn Manual. In most cases, the existing law provides a clear paradigm to govern cyber activities. However, this article identifies several areas where governments and military operators might question how to apply these principles to a specific cyber operation. In these areas, greater precision is needed to provide clear guidance to those who plan, order, and conduct cyber operations.

Number of Pages in PDF File: 21

Keywords: cyber, law of war, law of armed conflict, proportionality, precautions, war, armed conflict, computer

JEL Classification: K33, N40, O38

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Date posted: October 3, 2012 ; Last revised: March 22, 2013

Suggested Citation

Jensen, Eric Talbot, Cyber Attacks: Proportionality and Precautions in Attack (October 1, 2012). 89 Int'l L. Stud. 198 (2013). Available at SSRN: http://ssrn.com/abstract=2154938 or http://dx.doi.org/10.2139/ssrn.2154938

Contact Information

Eric Talbot Jensen (Contact Author)
Brigham Young University School of Law ( email )
540 JRCB
Provo, UT 84602
United States
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