Cyber Operations and International Law

François Delerue CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW Cyber Operations and International Law This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim. ‘François Delerue’s stimulating and thought-provoking study is a must read for those seeking a fresh look on international law and contemporary challenges. It is a valuable contribution to classical international scholarship, while providing readers with technical background necessary to better understand current legal issues in cyberspace. Its particular strength is a detailed yet practical take on attribution, due diligence and state responsibility with poignant references to resilience and cyber operations.’ Joanna Kulesza, Assistant Professor, Faculty of Law and Administration, University of Lodz, Poland ‘Cyber Operations and International law offers an important—and comprehensive—treatment of international law’s application to State and State-sponsored operations in cyberspace. Taking readers beyond the well-trodden grounds of armed conflicts, Delerue covers a range of international legal issues, including sovereignty, non-intervention, counter-measures, and human rights. In doing so, he provides an accessible account of the technology and its challenges to the efficacy of international law in regulating global cybersecurity.’ Duncan B. Hollis, Professor of Law, Temple University School of Law ‘François Delerue’s strategic stimulating and thought-provoking studypowers is a must read for those of state ‘In a context of enhanced competition between great and proliferation seeking fresh look onthreaten international law and contemporary challenges. It isFranç a valuable sponsored cybera attacks that international peace and cyber stability, ois Delerue's contribution to classical international scholarship, while providing readers with technical Book offers a brilliant and insightful contribution to the debates about how international law background necessary to better understand current legal issues in cyberspace. Its particular applies to cyber operations. His sophisticated and thorough analysis of complex legal debates, strength is a detailed yet practical take on attribution, due diligence and state responsibility supported well-documented both accessible to non- lawyers and of great value withby poignant references toexamples, resilience is and cyber operations.’ Joanna for scholars andKulesza, practitioners.’ Assistant Professor, Faculty Law and Administration, Lodz, Poland Frederick Douzet, Professor at the of French Institute of GeopoliticsUniversity (Paris 8),ofdirector of GEODE ‘Cyber Operations and International law offers an important—and comprehensive—treatment of international law’s application to State and operations in cyberspace. ‘An important and illuminating contribution to aState-sponsored vital but infrequently explored area of ‘cyber Taking readers beyond the well-trodden grounds of armed conflicts, Delerue covers a range hostilities.’ of international legal issues, including sovereignty, non-intervention, counter-measures, and JHH Weiler, Editor-in-Chief, European Journal of International Law human rights. In doing so, he provides an accessible account of the technology and its challenges to the efficacy of international law in regulating global cybersecurity.’ ‘In line with the B. Paris Call for trust and security in the cyberspace launched by President Macron, Duncan Hollis, France firmly believes the application of International Law, including the UN Charter in Professor of Law,that Temple University School of Law its entirety, international humanitarian law and customary international law, is and needs to ‘In a context of enhanced strategic competition between great powers and proliferation of remain the peace andthat security in cyberspace. is Delerue’s in-depth analysis statefoundation sponsored for cyber attacks threaten internationalFranç peaceoand cyber stability, François Delerue's Book offers a brilliant and insightful contribution to the debates constitutes an essential intellectual contribution towards building moreabout trust,how security and law applies to cyber operations. His sophisticated and thorough analysis of stabilityinternational in cyberspace.’ complex legal debates, supported by well-documented examples, is both accessible to nonHenri Verdier, Ambassador for digital Affairs, French Ministry for Europe and Foreign Affairs lawyers and of great value for scholars and practitioners.’ Frederick Douzet, Professor at the French Institute of Geopolitics (Paris 8), director of GEODE visit: February 2020 228 x 152 mm c.549pp Hardback 978-1-108-49027-6 Original price Discount price £120.00 $155.00 £96.00 $124.00 Table of contents: 1. Does international law matter in ‘An important and illuminating cyberspace? to a vital but infrequently contribution Part I. Attribution explored area of ‘cyber hostilities.’ JHH Weiler, to a machine or a human: a 2. Attribution Editor-in-Chief, Journalof of technical processEuropean 3. The question International Law evidence: from technical to legal attribution 4. Attribution to a state ‘In line with the Paris Call for trust and Part II. The Lawfulness of launched Cyber by security in the cyberspace Operations President Macron, France firmly believes that the application of acts: cyber 5. Internationally wrongful cyber International Law, including operations breaching norms the of UN Charter in its law entirety, international 6. Theinternational threshold of cyber humanitarian customary warfare: from law use and of cyber force to cyber international is and needs precluding to armed attack law, 7. Circumstances remain the foundation for peaceof and or attenuating the wrongfulness unlawful security in cyberspace. François cyber operations 8. Cyber operations and Delerue’s in-depth analysis constitutes the principle of due diligence an essential intellectual contribution Part III.building Remedies against towards more trust,State-Sponsored security Cyber Operations and stability in cyberspace.’ 9. StateVerdier, responsibility and the consequences Henri of an internationally wrongful Ambassador for digital Affairs,cyber French operation Measures self-help against Ministry for10. Europe andof Foreign Affairs state-sponsored cyber operations 11. Conclusion