Classification of Cyber Capabilities and Operations as Weapons, Means, or Methods of Warfare

95 International Law Studies 179 (2019)

48 Pages Posted: 24 Jul 2019

See all articles by Jeffrey Biller

Jeffrey Biller

Government of the United States of America - Judge Advocate General’s Corps

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 19, 2019

Abstract

This article examples whether cyber capabilities are cyber weapons or cyber methods or means of warfare under international humanitarian law. Such a determination is a condition precedent to application of the weapons review and precautions in attack requirements, as well as the prohibition on transporting weapons across neutral territory. The authors conclude that cyber capabilities are not weapons or means of warfare, but can be a method of warfare.

Keywords: cyber, weapons review, precautions in attack, neutrality cyber capabilities, cyber weapons

Suggested Citation

Biller, Jeffrey and Schmitt, Michael N., Classification of Cyber Capabilities and Operations as Weapons, Means, or Methods of Warfare (June 19, 2019). 95 International Law Studies 179 (2019), Available at SSRN: https://ssrn.com/abstract=3424500

Jeffrey Biller

Government of the United States of America - Judge Advocate General’s Corps ( email )

United States

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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