Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework

Abstract

This Chapter explores the acceptability under the jus ad bellum , that body of international law governing the resort to force as an instrument of national policy, of computer network attack. Analysis centers on the United Nations Charter’s prohibition of the use of force in Article 2(4), its Chapter VII security scheme, and the inherent right to self-defense codified in Article 51. Concluding that traditional applications of the use of force prohibition fail to adequately safeguard shared community values threatened by CNA, the Chapter proposes an alternative normative framework based on scrutiny of the consequences caused by such operations. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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