2019Unpublished venueRequires access

Cyber and the Law of War

Jeff Kosseff

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Abstract

This chapter provides a high-level overview of the criteria that nations use to determine whether they have the right to engage in self-defense. The international legal system has developed a set of rules that govern both the criteria that justify going to war (known as jus ad bellum) and the rules of conduct that apply once war has begun (jus in bello). Jus ad bellum is governed by a number of international agreements, most notably the United Nations Charter. Other agreements, most notably the Geneva Conventions, govern jus in bello. The chapter focuses on jus ad bellum. The rules for jus ad bellum are based on decades of agreements, international legal precedent, and informal understandings among countries. The chapter draws on the analytical framework from the Tallinn Manual, International Court of Justice rulings, and other binding and non binding statements of international law.

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This chapter provides a high-level overview of the criteria that nations use to determine whether they have the right to engage in self-defense. The international legal system has developed a set of rules that govern both the criteria that justify going to war (known as jus ad bellum) and the rules of conduct that apply once war has begun (jus in bello). Jus ad bellum is governed by a number of international agreements, most notably the United Nations Charter. Other agreements, most notably the Geneva Conventions, govern jus in bello. The chapter focuses on jus ad bellum. The rules for jus ad bellum are based on decades of agreements, international legal precedent, and informal understandings among countries. The chapter draws on the analytical framework from the Tallinn Manual, International Court of Justice rulings, and other binding and non binding statements of international law.

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Available abstract

This chapter provides a high-level overview of the criteria that nations use to determine whether they have the right to engage in self-defense. The international legal system has developed a set of rules that govern both the criteria that justify going to war (known as jus ad bellum) and the rules of conduct that apply once war has begun (jus in bello). Jus ad bellum is governed by a number of international agreements, most notably the United Nations Charter. Other agreements, most notably the Geneva Conventions, govern jus in bello. The chapter focuses on jus ad bellum. The rules for jus ad bellum are based on decades of agreements, international legal precedent, and informal understandings among countries. The chapter draws on the analytical framework from the Tallinn Manual, International Court of Justice rulings, and other binding and non binding statements of international law.

Key concepts: Jus ad bellum, Charter, United Nations Charter, Law, International law, Political science, Geneva Conventions, International court

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