Cyber Operations as a Use of Force

Nicholas Tsagourias and Russell Buchan (eds.), Research Handbook on International Law and Cyberspace, Edward Elgar Publishing, 2015, 233-254

U. of Westminster School of Law Research Paper No. 16-05

39 Pages Posted: 17 Jul 2015 Last revised: 12 Jan 2016

See all articles by Marco Roscini

Marco Roscini

University of Westminster School of Law; Geneva Academy of International Humanitarian Law and Human Rights

Date Written: March 31, 2014

Abstract

The determination of the threshold above which a cyber operation amounts to a use of force under Article 2(4) of the UN Charter has proved to be a very contentious issue. The present Chapter addresses this problem and first establishes what is meant by ‘armed’ force and whether cyber operations can qualify as such. It then distinguishes between cyber attacks and cyber exploitation and, within the former, between cyber attacks that cause, or are reasonably likely to cause, physical damage to persons or property, those that incapacitate infrastructures without physically damaging them, and other cyber attacks and cyber-related conduct.

Keywords: cyber warfare, cyber operations, cyber attack, international law, use of force, United Nations Charter

JEL Classification: K33

Suggested Citation

Roscini, Marco, Cyber Operations as a Use of Force (March 31, 2014). Nicholas Tsagourias and Russell Buchan (eds.), Research Handbook on International Law and Cyberspace, Edward Elgar Publishing, 2015, 233-254, U. of Westminster School of Law Research Paper No. 16-05, Available at SSRN: https://ssrn.com/abstract=2631078

Marco Roscini (Contact Author)

University of Westminster School of Law ( email )

4 Little Titchfield Street
London, W1W 7UW
United Kingdom

Geneva Academy of International Humanitarian Law and Human Rights ( email )

Villa Moynier
Rue de Lausanne 120B-CP 67-1211
Geneva
Switzerland

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
912
Abstract Views
2,982
rank
35,738
PlumX Metrics