The International Law of Cyber Operations
| Module title | The International Law of Cyber Operations |
|---|---|
| Module code | LAWM116 |
| Academic year | 2019/0 |
| Credits | 30 |
| Module staff | Mike Schmitt (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 10 |
|---|
Module description
In this module you will examine the rules of international law governing cyber operations conducted by States during times of peace and armed conflict. Cyber space has been called the “5th Domain” of warfare and a “Wild West” to which international law does not apply. You will challenge those characterizations by exploring when and how international law applies to cyber operations involving States. Drawing on the seven-year Tallinn Manual project conducted by the NATO Cooperative Cyber Defence Centre of Excellence, the module begins with an examination of the peacetime international law of cyber operations, including such topics as sovereignty, jurisdiction, the law of State responsibility and human rights. The remainder of the module focuses on the law governing the use of force (jus ad bellum) and the law of armed conflict You will explore the right of self-defence against cyber attacks, the qualification of cyber activities as a non-international or international armed conflict, cyber weapons law and the rules that limit the conduct of hostilities. Both sections conclude with a practical exercise designed to permit students to apply the principles.
Students enrolled on this module are Student Members of the Exeter Centre for International Law and are expected to participate in relevant events of the Centre as part of this module.
Module aims - intentions of the module
This module is designed to provide a practice-oriented survey of the international law applicable to cyber operations involving States. Upon completing the module, you will understand the legal framework in which such operations occur during both peace and war and be able to apply the legal principles and rules examined to real-world situations. This later ability will be honed through realistic exercises in which you will apply the legal concepts on which the readings and lectures focus.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate a critical and comprehensive understanding of the legal framework of cyber operations during both peace time and armed conflict.
- 2. apply key legal concepts and instruments governing cyber operations to complex practical problems in a constructive and reflective manner.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate detailed knowledge of relevant international law concepts, rules and principles to the cyber domain
- 4. analyse complex legal problems confidently by selecting and explaining relevant information from primary and secondary sources using appropriate interpretative techniques.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. demonstrate effective and accurate written and oral communication skills, relying on a broad range of library-based and electronic resources with limited guidance.
- 6. engage in debate effectively and confidently and to develop complex arguments and opinions with limited guidance.
- 7. work independently, within a limited time frame, and without access to external sources, to complete a specified task.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Sovereignty in Cyberspace
- The Law of State Responsibility for Cyber Activities
- The Law of Countermeasures and Necessity in Cyberspace
- The Law of Cyber Intervention and Use of Force
- Self-Defence in Cyberspace
- Legal Classification of Cyber Conflict
- The Legal Notion of Cyber Attack
- The Law governing Tactics, Precautions in Attack and Proportionality in Cyberspace
- Legally Targetable and Protected Persons and Objects in Cyber Conflict
- Legal Limitations on Means and Methods of Warfare in Cyber Warfare
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 33 | 267 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 33 | Weekly seminars (11 x 3 hours) |
| Guided Independent Study | 24 | Preparation of seminar paper: for each seminar at least one student will research and write a paper on the seminar topic, presenting it to the rest of the group. |
| Guided independent study | 200 | Assigned seminar readings (including for the seminar paper). |
| Guided Independent Study | 40 | Preparation of the assessed/summative essay. |
| Guided Independent Study | 3 | Attendance at relevant events by the Exeter Centre for International Law. |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Individual oral seminar presentation to the seminar group | 15 minutes | 1-6 | Individual and collective oral feedback from the module convenor and the seminar group |
| Mock exam | 2 hours | 1-7 | Individual and collective oral feedback from the exercise participants |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 50 | 50 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Written essay | 50 | 3,000 words | 1-6 | August/September reassessment period |
| Examination | 50 | 2 hours | 1-7 | August/September reassessment period |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Written essay | Written essay (3,000 words) | 1-6 | August/September re-assessment period |
| Examination | Examination (2 hours) | 1-7 | August/September re-assessment period |
Indicative learning resources - Basic reading
M. N. Schmitt, Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (2017)
N. Tsagourias and R. Buchan (eds), Research Handbook on International Law and Cyberspace (2015)
M. Roscini, Cyber Operations and the Use of Force in International Law (2014)
H. H. Dinniss, Cyber Warfare and the Laws of War (2012)
Indicative learning resources - Web based and electronic resources
NATO Cooperative Cyber Defence Centre of Excellence: https://ccdcoe.org/
Lawfare (blog): https://www.lawfareblog.com/
Just Security (blog): https://www.justsecurity.org/
Opinio Juris (blog): http://opiniojuris.org/
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 18/12/16 |
| Last revision date | 21/09/2018 |
