In this article, Sasha Romanosky and Zachary Goldman address the problem of how to define “collateral damage” in the cyber realm. Arguing that unintended effects on data alone can constitute collateral damage, Romanosky and Goldman propose ways for the US military and law enforcement to conceptualize and estimate collateral damage in the context of cyber operations.
In this article, Anthony Pfaff discusses what ethical norms should govern proxy war and the relationships that sustain them; the way the existence of a benefactor-proxy relationship complicates the application of traditional jus ad bellum criteria; and the additional moral problems caused by the way proxy wars shift risk away from benefactors. He concludes by suggesting a set of norms that should guide proxy relationships.
Michael Schmitt and Christopher Ford unpack the Trump Administration’s legal justifications for the April 2017 United States attack on a Syrian airfield in response to its use of chemical weapons against civilians. Schmitt and Ford discuss three possible legal bases for the use of force: self-defense, response to an internationally wrongful act, and humanitarian intervention. The authors conclude that the US’s actions run afoul of limitations in each relevant body of law, and of note, they discuss how this attack is consequential for the validity of humanitarian intervention on another state’s territory without approval from the UN Security Council. They conclude by suggesting that the international community is likely to consider the nature of suffering, in addition to the quantum of suffering, as bearing on the right of States to mount future humanitarian operations.
- Assessing US Justifications for Using Force in Response to Syria’s Chemical Attacks: An International Law Perspective