Introduction: Cyber and the Changing Face of War

in Cyber War: Law and Ethics for Virtual Conflicts (Jens David Ohlin, Kevin Govern and Claire Finkelstein eds., Oxford, 2015; pubd online Apr. 2015).

U of Penn Law School, Public Law Research Paper No. 15-20

13 Pages Posted: 27 Apr 2015 Last revised: 18 Jul 2015

See all articles by Claire Finkelstein

Claire Finkelstein

University of Pennsylvania Law School

Kevin H. Govern

Ave Maria School of Law; California University of Pennsylvania; John Jay College

Date Written: April 1, 2015

Abstract

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues and examines the key principles of jus in bello to determine how they might be applied to cyber conflicts. The distinction between civilian and combatant in this context and the level of causation necessary to elicit a response are studied and the specific operational realities implicated by particular regulatory regimes are analyzed.

Keywords: cyberweapons, cyberwarfare, national security, cyber attack, causation, proximate cause, regulatory regimes, laws of war

JEL Classification: C80, H56, N4

Suggested Citation

Finkelstein, Claire and Govern, Kevin H., Introduction: Cyber and the Changing Face of War (April 1, 2015). in Cyber War: Law and Ethics for Virtual Conflicts (Jens David Ohlin, Kevin Govern and Claire Finkelstein eds., Oxford, 2015; pubd online Apr. 2015). ; U of Penn Law School, Public Law Research Paper No. 15-20. Available at SSRN: https://ssrn.com/abstract=2598671

Claire Finkelstein (Contact Author)

University of Pennsylvania Law School ( email )

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Kevin H. Govern

Ave Maria School of Law ( email )

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(239) 687-5390 (Phone)

HOME PAGE: http://https://www.avemarialaw.edu/faculty/kevin-h-govern/

California University of Pennsylvania ( email )

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HOME PAGE: http://www.calu.edu/academics/faculty/Kevin-Govern.aspx

John Jay College ( email )

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New York, NY 10019
United States
(845) 234-8532 (Phone)

HOME PAGE: http://www.jjay.cuny.edu/faculty/kevin-govern

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