Seminar on Cyber War Law, Ethics & Policy
Friday, November 18, 2011
9:00 am-4:00 pm
Warren Room (295 Boalt Hall), Berkeley Law
Kate Jastram, Berkeley Law
Colonel Gary D. Brown, USAF
Staff Judge Advocate, U.S. Cyber Command
The seminar will examine legal, ethical and policy issues posed by cyber warfare. While much attention has been paid to jus ad bellum issues – examining when and under what circumstances a cyber attack constitutes an armed attack for the purposes of self defense – relatively little discussion has focused on how cyber warfare might require new rules, or new interpretations of rules, regarding the conduct of hostilities, or the jus in bello, once armed conflict has begun.
The Internet in Bello seminar will provide an opportunity for scholars and practitioners to explore issues such as intelligence-gathering and other means of ‘preparing the battlefield’; neutrality before and during cyber war, starting with how to interpret in the Internet era the traditional requirement that neutral States not participating in a given armed conflict not allow the movements of troops or weapons across their territories; as well as questions relating to how cyber operations intersect with the established rule that an attack is an act of violence, and the fundamental humanitarian principle of distinction, which holds that civilians should be protected against dangers arising from military operations.
5.5 MCLE Credit Available