Editor's Note: This post is the final of three which have run over recent days as part of a book discussion on the Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States. The debate on how international law applies in cyberspace has the potential to reconfigure many of the foundational rules of international law. This debate is ongoing in multiple forums. These include intergovernmental discussions in places like the UN Open Ended Working Group (OEWG) on security of and in the use of information and communications technologies and the International Committee of the Red Cross (ICRC)’s Global Initiative to galvanize political commitment to international humanitarian law that has a workstream on how humanitarian law applies in cyberspace during armed conflicts. Scholarly writings and expert initiatives like the Tallinn Manuals and the Oxford Process are also influencing this debate on the application of international law in cyberspace.
Cyber
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Developing a National Position on International Law and Cyber Activities: Legal and Policy Considerations
Editor's Note: This post is the second of three forming a book discussion on the Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States. Background The Open-Ended Working Group on security of and in the use of information and communications technologies (“ICTs”) 2021-2015 (“OEWG”) was…
The Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States
Editor's Note: This post is the first of three which will run over the coming days as part of a book discussion on the Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States. Background The internet and other information and communication technologies (ICTs) have brought…
ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes
This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. This…
Party Status to Armed Conflict in International Law: Author’s Response
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". I am very grateful to Marko, Ashley, Philippa, and Paul for their thoughtful contributions. I greatly appreciate their thorough engagement with my work. To conclude the symposium, I will react to a few key…
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