TWENTY YEARS OF CYBERWAR

For many years after its introduction in the early 1990s, the cyberwar concept - which outlined a new mode of conflict that would emphasize disruption of information systems and flows - was given little credence. Over the past several years, however, cyberwars of both irregular and somewhat more conventional types have erupted (e.g., see respectively Estonia in 2007 and Georgia in 2008). Global awareness of cyberwar has risen sharply, and many nation-states are preparing their defenses, as well as their capabilities for mounting offensive operations. The American military's declaration in 2011 that cyberspace is a 'warfighting domain' highlights a need to explore the ethical implications and nuances of cyberwar. This article finds that classic jus ad bellum constructs come under great pressure from cyberwar, while jus in bello concerns may prove more manageable. Another key theme is that disproportionate attention is given to the notion of employing cyberwar 'strategically' (i.e., to strike directly at other nations' infrastructures), where its use is less likely to achieve 'victory' and is more problematic ethically. Instead, a focus on the application of cyberwar techniques in battle may lead to shorter, less bloody, 'more ethical' conflicts.     

A Critique of the Right Intention Condition as an Element of Jus ad Bellum

According to just war theory, a resort to war is justified only if it satisfies the right intention condition. This article offers a critical examination of this condition, defending the thesis that, despite its venerable history as part of the just war tradition, it ought to be jettisoned. When properly understood, it turns out to be an unnecessary element of jus ad bellum, adding nothing essential to our assessments of the justice of armed conflict.     

The Harmful and Residual Effects on Civilians by Bombing Dual-purpose Facilities

This article addresses what we owe to the civilians of a state with which we are militarily engaged. The old notion of noncombatant immunity needs to be rethought within the context of both human rights and into the postwar phase. No doubt, civilians will be killed in war. However, much more can be done during and after the fighting to protect civilians’ basic human rights from the ills of war. I argue for making belligerents accountable ex post by requiring them to repair destroyed dual-purpose facilities that are essential for securing basic human rights of the civilian populace. I argue also that a belligerent’s targeting decisions should be reviewed ex post by an impartial commission.     

谈比例原则在规范消防行政执法裁量权中的适用

比例原则着眼于法益的均衡，要求行政主体在实现行政管理目标的同时，注意维护相对人的权益。作为行政法上控制自由裁量权的一项重要原则，在阐述了比例原则内涵与价值的基础上，针对消防行政执法自由裁量权行使的错位与失范，提出用比例原则进行规范与控制。