Road Ahead: Gaps, Leaks and Drips   [open pdf - 606KB]

"Press reports about Stuxnet and related activities suggest the unease with which cyber activities fit within the framework of existing rules. Was 'Olympic Games,' the covert operation in which Stuxnet was employed, a use of force within Article 2(4) of the United Nations Charter? Did Olympic Games constitute an 'armed attack' under Article 51―which would have permitted defensive use of force by Iran against the United States and Israel? Is this an international armed conflict governed by international humanitarian law? Is the United States unlawfully using civilians in com-bat―or are the persons at the keyboards combatants because they are directly participating in hostilities? If so, who are the combatants? The Central Intelligence Agency's computer staff? The officer who pushed the 'enter' button? Does it matter whether they fail to 'carry arms openly' or wear a 'fixed distinctive sign recognizable at a distance'? Can they be prosecuted if they're captured by Iran, or extradited to Iran by a friendly State?"

2012 Michael J. Glennon
Retrieved From:
U.S. Naval War College: http://www.usnwc.edu/
Media Type:
Naval War College International Law Studies (2013), v. 89, p. 362-386
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