Limiting cyberwarfare: applying arms-control models to an emerging technology

ABSTRACT

An arms race in cyberspace is underway. US and Western government efforts to control this process have largely been limited to deterrence and norm development. This article examines an alternative policy option: arms control. To gauge whether arms-control models offer useful lessons for addressing cyber capabilities, this article compiles a new dataset of predominantly twentieth-century arms-control agreements. It also evaluates two case studies of negotiated agreements that regulate dual-use technologies, the 1928 Geneva Protocol prohibiting chemical- and biological-weapon use and the 1944 Chicago Convention on International Civil Aviation. The analysis underscores the limits of norm development for emerging technologies with both civilian and military applications. It finds lessons for developing verifiable, international cooperation mechanisms for cyberwarfare in the regulatory model of international aviation. Conventionally, arms-control agreements take advantage of transparent tests or estimates of arms. To restrict cyberwarfare activities, experts and policy makers must adapt arms-control models to a difficult-to-measure technology at an advanced stage of development and use. Further investigation of international regulatory schemes for dual-use technology of similar diffusion and development to the internet, such as international civil aviation, is needed.     

Reading the Riot Act: Toward a More Comprehensive Ban on Chemical Weapons

ABSTRACT

The recent use of chemicals in warfare in Syria and Iraq illustrates that, despite the important work of the 1997 Chemical Weapons Convention (CWC), the world has not yet been totally successful in stopping the use of indiscriminate toxic agents in conflicts, either by states or non-state actors. Michael Crowley's excellent and timely new book, Chemical Control, analyzes the use of “riot control agents” (RCAs) and “incapacitating chemical agents” (ICAs), including launch and dispersal systems, by police, paramilitary, and military forces over the last decades and raises the challenging question about where the red line might be drawn between banned and permitted uses of chemicals. He discusses this problem not only in the context of the CWC, which allows use of RCAs for civilian riot control, but also in the context of international law, human rights, and criminal justice, including the Biological and Toxin Weapons Convention and other disarmament and abolition regimes. He proposes a “holistic, three-stage approach” to addressing this issue “for effective regulation or prohibition of the weapon or weapon-related technology of concern.” As we approach the global abolition of a whole class of weapons of mass destruction in the next decade or even sooner, Chemical Control is helpful in better understanding and solving the dilemma of what's actually banned or permitted under international law, and precluding states undermining the chemical weapons ban.     

In Defense of Mercy

ABSTRACT

Though it is legally permissible to kill combatants in war, unless they are rendered hors de combat, the existence of “Naked Soldiers” raises an important moral question: should combatants kill vulnerable enemy combatants or show mercy towards them? Most philosophers who address this question argue that it is morally permissible to kill the Naked Soldier given the extended notion of self-defense during war. They ground their arguments in a form of collectivism. In this article, I use Larry May’s argument. He offers an approach that extends the principle of discrimination that would apply also to combatants. Instead of assuming all combatants are de facto dangerous, this approach would allow for nuance in targeting the enemy and showing mercy when enemy combatants clearly pose no danger, in other words, when they are Naked Soldiers. I defend this view against two criticisms: Noam Zohar’s view of armies as complex collectives and Stephen Deakin’s view that a policy that spares Naked Soldiers would be open to abuse. I argue that it is not only morally suspect to kill Naked Soldiers, but also it is within the spirit of both international laws governing war and the just war tradition to offer mercy whenever possible.     

A predisposition to brutality? German practices against civilians and francs-tireurs during the Franco-Prussian war 1870–1871 and their relevance for the German ‘military Sonderweg’ debate

ABSTRACT

The German Sonderweg thesis has been discarded in most research fields. Yet in regards to the military, things differ: all conflicts before the Second World War are interpreted as prelude to the war of extermination between 1939–1945. This article specifically looks at the Franco-Prussian War 1870–71 and German behaviour vis-à-vis regular combatants, civilians and irregular guerrilla fighters, the so-called francs-tireurs. The author argues that the counter-measures were not exceptional for nineteenth century warfare and also shows how selective reading of the existing secondary literature has distorted our view on the war.