At its Lisbon Summit (November 2010), NATO has adopted its Strategic Concept. The U.S. may soon a... more At its Lisbon Summit (November 2010), NATO has adopted its Strategic Concept. The U.S. may soon adopt its Cyberstrategy 3.0 (originally expected for December 2010). Both strategy documents will contribute to a growing policy consensus regarding cyber security and defence as well as provide better policy insights regarding cyber offence. In doing so, they will contribute to a better understanding of how NATO and the U.S. want to prepare for, and conduct cyber warfare in a manner congruent with the law of armed conflict. In addition, they will determine to what extent this branch of the law needs to be better understood, developed, or reformed. Accordingly, this paper indicates how the existing legal and policy frameworks intersect with practical aspects of cyber warfare and associated intelligence activities, analyses how the new strategy documents develop and change the existing policy framework, and what repercussions this may have for the interpretation and application of the law of armed conflict. It also demonstrates how the new strategy documents inform the policy and legal discourse and hence help confirm that NATO and U.S. as well as other NATO Nations' cyber activities are, and will continue to be, lawful and legitimate.
LSN: Other Issues in International Law (Topic), 2011
The killing of Mahmoud al-Mabhou reportedly by agents of Israel‟s Mossad service in Dubai a year ... more The killing of Mahmoud al-Mabhou reportedly by agents of Israel‟s Mossad service in Dubai a year ago1 serves as a quick reminder that extrajudicial executions, assassinations and other targeted killing operations are taking place and are part of a modern democracy‟s arsenal of antiterrorism and counter-terrorism means. Targeted Killing Operations reportedly form part of NATO‟s operational practice: depending on the circumstances they represent just another option of the lawful use of force in an armed conflict or assimilated situations. Consequently, it is argued that International Law does not impose an explicit ban on the lethal neutralization of certain persons in an armed conflict scenario. This opinion provides a provocative view on possible justifications using targeted killing as an actual means of present day security operations – which must not be confused with traditional methods of domestic „policing‟ in a democratic state.
National Defense University. Institute for National Strategic Studies, 2012
TRANSATLANTIC CURRENT No. 4 1 Following the wars in the Balkans, the North Atlantic Treaty Organi... more TRANSATLANTIC CURRENT No. 4 1 Following the wars in the Balkans, the North Atlantic Treaty Organization (NATO) and the International Criminal Tribunal for the former Yugoslavia (ICTY) established solid cooperation, whereby NATO supported ICTY in its quest to bring persons indicted for war crimes (PIFWCs) to justice. NATO Headquarters has provided substantial material used as evidence in various ICTY cases. NATO members have participated as witnesses to ICTY. Personnel of the NATO-led operations in Bosnia and Herzegovina,1 as well as Kosovo,2 have detained and handed PIFWCs over to ICTY personnel who arrested them based on indictments issued by the tribunal’s prosecutor.3 The solid working relationship, while possibly temporarily challenged, was not put in serious jeopardy when the ICTY prosecutor investigated NATO’s conduct of operations during Operation Allied Force (also known as the Kosovo Air Campaign). The investigation did later clear NATO of the allegations of war crimes levi...
The paper discusses the notion of 'crisis response operations' (terminology used by NATO ... more The paper discusses the notion of 'crisis response operations' (terminology used by NATO and the European Union) in the maritime environment develops criteria for the analysis of the scope of UN mandates, and reviews the mandates as well as published practice (as a rule, prior to completion in August 2009) of the UNIFIL maritime component and the counter-/anti-piracy operations at the Horn of Africa.
At its Lisbon Summit (November 2010), NATO has adopted its Strategic Concept. The U.S. may soon a... more At its Lisbon Summit (November 2010), NATO has adopted its Strategic Concept. The U.S. may soon adopt its Cyberstrategy 3.0 (originally expected for December 2010). Both strategy documents will contribute to a growing policy consensus regarding cyber security and defence as well as provide better policy insights regarding cyber offence. In doing so, they will contribute to a better understanding of how NATO and the U.S. want to prepare for, and conduct cyber warfare in a manner congruent with the law of armed conflict. In addition, they will determine to what extent this branch of the law needs to be better understood, developed, or reformed. Accordingly, this paper indicates how the existing legal and policy frameworks intersect with practical aspects of cyber warfare and associated intelligence activities, analyses how the new strategy documents develop and change the existing policy framework, and what repercussions this may have for the interpretation and application of the law of armed conflict. It also demonstrates how the new strategy documents inform the policy and legal discourse and hence help confirm that NATO and U.S. as well as other NATO Nations' cyber activities are, and will continue to be, lawful and legitimate.
LSN: Other Issues in International Law (Topic), 2011
The killing of Mahmoud al-Mabhou reportedly by agents of Israel‟s Mossad service in Dubai a year ... more The killing of Mahmoud al-Mabhou reportedly by agents of Israel‟s Mossad service in Dubai a year ago1 serves as a quick reminder that extrajudicial executions, assassinations and other targeted killing operations are taking place and are part of a modern democracy‟s arsenal of antiterrorism and counter-terrorism means. Targeted Killing Operations reportedly form part of NATO‟s operational practice: depending on the circumstances they represent just another option of the lawful use of force in an armed conflict or assimilated situations. Consequently, it is argued that International Law does not impose an explicit ban on the lethal neutralization of certain persons in an armed conflict scenario. This opinion provides a provocative view on possible justifications using targeted killing as an actual means of present day security operations – which must not be confused with traditional methods of domestic „policing‟ in a democratic state.
National Defense University. Institute for National Strategic Studies, 2012
TRANSATLANTIC CURRENT No. 4 1 Following the wars in the Balkans, the North Atlantic Treaty Organi... more TRANSATLANTIC CURRENT No. 4 1 Following the wars in the Balkans, the North Atlantic Treaty Organization (NATO) and the International Criminal Tribunal for the former Yugoslavia (ICTY) established solid cooperation, whereby NATO supported ICTY in its quest to bring persons indicted for war crimes (PIFWCs) to justice. NATO Headquarters has provided substantial material used as evidence in various ICTY cases. NATO members have participated as witnesses to ICTY. Personnel of the NATO-led operations in Bosnia and Herzegovina,1 as well as Kosovo,2 have detained and handed PIFWCs over to ICTY personnel who arrested them based on indictments issued by the tribunal’s prosecutor.3 The solid working relationship, while possibly temporarily challenged, was not put in serious jeopardy when the ICTY prosecutor investigated NATO’s conduct of operations during Operation Allied Force (also known as the Kosovo Air Campaign). The investigation did later clear NATO of the allegations of war crimes levi...
The paper discusses the notion of 'crisis response operations' (terminology used by NATO ... more The paper discusses the notion of 'crisis response operations' (terminology used by NATO and the European Union) in the maritime environment develops criteria for the analysis of the scope of UN mandates, and reviews the mandates as well as published practice (as a rule, prior to completion in August 2009) of the UNIFIL maritime component and the counter-/anti-piracy operations at the Horn of Africa.
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