The Notion of ‘Objects’ During Cyber Operations: A Riposte in Defence of Interpretive and Applicative Precision

48 Israel Law Review 81-109 (2015)

30 Pages Posted: 31 Jan 2015

See all articles by Michael N. Schmitt

Michael N. Schmitt

University of Reading School of Law; Lieber Institute, USMA at West Point; Naval War College - Stockton Center for the Study of International Law

Date Written: June 1, 2014

Abstract

International humanitarian law protects civilian objects from attack. It also requires that any collateral damage to them be considered in the proportionality analysis and when considering precautions in attack designed to minimize harm to civilians. This article addresses the question of whether data are objects in the IHL sense. Based on the work underlying the Tallinn Manual on the International Law Applicable to Cyber Warfare, it argues that although this may be the case in the future, as of 2014 IHL has not developed to this point.

Keywords: cyber, data, object, humanitarian law, law of armed conflict, military objective

Suggested Citation

Schmitt, Michael N., The Notion of ‘Objects’ During Cyber Operations: A Riposte in Defence of Interpretive and Applicative Precision (June 1, 2014). 48 Israel Law Review 81-109 (2015), Available at SSRN: https://ssrn.com/abstract=2557989

Michael N. Schmitt (Contact Author)

University of Reading School of Law ( email )

Whiteknights
Reading, Berkshire RG6 6AH
United Kingdom

Lieber Institute, USMA at West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

Naval War College - Stockton Center for the Study of International Law ( email )

686 Cushing Road
Newport, RI 02841
United States

HOME PAGE: http://www.usnwc.edu/Academics/Faculty/Michael-Schmitt.aspx

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