37 Colum. J. Transnat'l L. 885 (1998-1999)
Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework

handle is hein.journals/cjtl37 and id is 893 raw text is: Computer Network Attack and the Use of
Force in International Law:
Thoughts on a Normative Framework
ICHAEL N. ScHMrrr*
This Article explores the acceptability under the jus ad
bellum, that body of international law governing the
resort to force as an instrument of national policy, of
computer network attack. Analysis centers on the
United Nations Charter's prohibition of the use offorce
in Article 2(4), its Chapter VII security scheme, and the
inherent right to self-defense codified in Article 51.
Concluding that traditional applications of the use of
force prohibition fail to adequately safeguard shared
community values threatened by CNA, the Article
proposes an alternative normative framework based on
scrutiny of the consequences caused by such operations.
I.      UNDERSTANDING COMPUTER NETWORK ATTACK ...... 890
II.     COMPUTER NETWORK ATTACK AS A USE OF FORCE .... 900
m11.    RESPONDING TO COMPUTER NETWORK ATTACKS WITH
FORCE .......................................... 924
IV.     CONCLUDING THOUGHTS ON THE APPROPRIATE NORMATIVE
FRAMEWORK ................................... 934
* Professor of International Law, George C. Marshall European Center for Security
Studies, Garmisch-Partenkirchen, Germany. Faculty Member, International Institute of
Humanitarian Law, San Remo, Italy. The author expresses his appreciation to Dean Robert
Wood and the Naval War College's Center for Naval Warfare Studies for a generous grant
supporting this research, and to the following individuals for sharing their thoughts on subject:
Ms. Louise Doswald-Beck, International Committee of the Red Cross; Dr. Dieter Fleck, German
Ministry of Defense; Professor Christopher Greenwood, London School of Economics; Dean
Frangoise Hampson, University of Essex; Professor Adam Roberts, Oxford University;
Commander Jim Scorer, Royal Navy; and Commander Jeffrey Stieb, U.S. Coast Guard. Of
course, all views and opinions expressed in this article are those of the author alone and do not
necessarily reflect those of any other individual, the Department of Defense, the United States
Air Force, or any other government agency. E-mail: schmitt@aya.yale.edu

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