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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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