Crossing the Line: Law of War and Cyber Engagement-An Introduction

• Author: Jonathan Meyer
• Position: Jonathan Michael Meyer, Attorney at Law, Vice Chair of the ABA SIL, National Security Law Committee, Co-Chaired and Moderated the Panel, 'Crossing the Line: The Law of War and Cyber Engagement,' which transpired on April 27, 2017, during the ABA SIL Spring Meeting in Washington, DC.
• Pages: 587-587

Crossing the Line: The Law of War and Cyber

Engagement – An Introduction

J

ONATHAN

M. M

EYER

1

On April 27, 2017, The National Security Committee of the American

Bar Association, Section of International Law organized and executed a

blue-ribbon panel titled, “Crossing the Line: The Law of War and Cyber

Engagement.”

2

The panel’s participants were tasked with building analytical

bridges by and between the laws of armed conflict and self-defense and

answering questions concerning cyber security.

3

The panel’s participants,

comprised of experts in the fields of National Security, the Law of Armed

Conflict (“LOAC”), and technology and export controls, cogently addressed

presenting questions, such as, whether advancements in technology nullify

the traditional rules of engagement, or in the alternative, do the rules of

engagement have application to cyberspace as a new battlefield?

4

If so, how

and in what context do such rules apply? Further, when do cyber operations

constitute an “armed attack” or “use of force” pursuant to International Law

and Article 51 of the U.N. Charter?

5

When are those engaged in cyber

operations “belligerents” or “combatants” pursuant to such laws? Are cyber

operations subject to domestic jurisdiction under national legal regimes, or

in the alternative, does international law govern these operations? Which

legal regimes are to be applied (e.g., criminal/espionage/sabotage or the law

of armed conflict)? In conclusion, panelists discussed how non-state actors

(i.e., hackers or hacker groups) conducting information gathering or denial

operations (e.g., DoS or DDoS) are to be addressed pursuant to

international law.

1. Jonathan Michael Meyer, Attorney at Law, Vice Chair of the ABA SIL, National Security

Law Committee, Co-Chaired and Moderated the Panel, “Crossing the Line: The Law of War

and Cyber Engagement,” which transpired on April 27, 2017, during the ABA SIL Spring

Meeting in Washington, DC.

2. Crossing the Line: The Law of War and Cyber Engagement,

ABA S

ECTION OF

I

NTERNATIONAL

L

AW

: N

ATIONAL

S

ECURITY

C

OMMITTEE

(Apr. 27, 2017), https://www.

americanbar.org/groups/international_law/media/crossing_the_line.html.

3. Id.

4. Id.

5. U.N. Charter art. 51.

THE INTERNATIONAL LAWYER

A TRIANNUAL PUBLICATION OF THE ABA/SECTION OF INTERNATIONAL LAW

PUBLISHED IN COOPERATION WITH

SMU DEDMAN SCHOOL OF LAW