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| Content Provider | IEEE Xplore Digital Library |
|---|---|
| Author | Watts, S. |
| Copyright Year | 2012 |
| Description | Author affiliation: Law Sch., Creighton Univ., Omaha, NE, USA (Watts, S.) |
| Abstract | The class of combatant constitutes one of the most important instrumentalities of the law of war. Combatant status resolves critical and enduring legal questions such as immunity from prosecution for warlike acts, susceptibility to intentional targeting, and, in part, treatment upon capture. Since the late nineteenth century, codifications of the international law of war have included criteria for combatant status keyed to ensuring desirable battlefield conduct and, to the extent possible, humanity in war. This paper revisits the author's prior work on the topic of combatancy in cyber warfare. Building on recent public revelations concerning state capacity for offensive cyber attacks, as well as new developments in computer network attack, this paper highlights logical and normative shortcomings in current understandings of combatant status in cyberspace. In place of rote reliance on existing criteria intended for the kinetic battlefield, this paper proposes reliance on State affiliation as the sole criterion for evaluating combatant status in cyber warfare between States. An admitted interpretive gloss on current criteria, the proposed framework offers a workable and realistic reconciliation of humanitarian goals and emerging State practice in cyber warfare. |
| Sponsorship | IEEE Commun. Soc. |
| Starting Page | 1 |
| Ending Page | 15 |
| File Size | 296649 |
| Page Count | 15 |
| File Format | |
| ISBN | 9781467312707 |
| ISSN | 15565068 |
| e-ISBN | 9789949904099 |
| DOI | 10.2139/ssrn.2484823 |
| Language | English |
| Publisher | Institute of Electrical and Electronics Engineers, Inc. (IEEE) |
| Publisher Date | 2012-06-05 |
| Publisher Place | Estonia |
| Access Restriction | Subscribed |
| Rights Holder | CCD COE PUBLICATIONS |
| Subject Keyword | Charge coupled devices Art Protocols Law Manuals Cyber warfare Law of Armed Conflict Computer networks International Humanitarian Law Law of War Combatant status Cyber attack |
| Content Type | Text |
| Resource Type | Article |
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