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Lecturer(s)
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Svaček Ondřej, doc. JUDr. LL.M. Ph.D.
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Faix Martin, JUDr. Ph.D.
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Stejskal Petr, Mgr. LL.M., Ph.D.
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Svicevic Marko, Dr. LL.Dip.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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1. Use of force in cyberspace 2. Cyber attacks and self-defence 3. Law of armed conflict and its application to cyberspace 4. The law of state responsibility in cyberspace 5. Attribution norms in cyberspace 6. Enforcement in international law of damages caused in cyberspace
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming)
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Learning outcomes
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International Law and Digital Technologies 3 is an advanced course that critically analyses emerging issues at the intersection of international law and digital security. Through a series of six intensive seminars, this course provides a comprehensive exploration of the legal dimensions related to digital threats and security challenges. Students will delve into the complex legal frameworks governing state behavior, attribution, and responses to cyber threats. The International Law and Digital Technologies 3 course will focus on the following issues: 1. Use of force in cyberspace 2. Cyber attacks and self-defence 3. Law of armed conflict and its application to cyberspace 4. The law of state responsibility in cyberspace 5. Attribution norms in cyberspace 6. Enforcement in international law of damages caused in cyberspace In this course, students will develop a nuanced understanding of basic concepts such as the "use of force" and the "law of armed conflict" in the context of international law and explore their application in the realm of cyberspace; they will also analyze the legal implications of cyberattacks and their potential for invoking the right of self-defense; and they will explore the limits and requirements of such responses; explore issues related to the application of the law of armed conflict in cyberspace; examine the institution of state responsibility in the context of cyber operations, focusing on the identification of violations of international obligations and the legal consequences of such violations; and address issues of the attributability of cyber attacks to the state and aspects of coercion in international law, particularly in cases involving damage caused by cyber means. By the end of the course, students should be able to identify and apply international law in analyzing scenarios involving the use of force and the law of armed conflict in cyberspace; critically evaluate the circumstances under which cyber attacks may justify a state's right to self-defense, taking into account the parameters of proportionality and necessity. Students should be able to apply the law of armed conflict to cyber operations; analyze issues of state responsibility in cyberspace; identify violations of international obligations and potential remedies; assess the criteria and issues associated with the attributability of cyber attacks to specific state actors; and integrate legal and technical perspectives. Evaluation: To pass the course, students must complete the following: - Submit a term project followed by an oral defense (70% of the final grade). - Complete the assignments given during the course (30% of the final grade).
By the end of the course, students should be able to identify and apply international law in analyzing scenarios involving the use of force and the law of armed conflict in cyberspace; critically evaluate the circumstances under which cyber attacks can justify a state's right to self-defense, taking into account the parameters of proportionality and necessity. Students should be able to apply the law of armed conflict to cyber operations; analyze issues of state responsibility in cyberspace; identify violations of international obligations and potential remedies; assess the criteria and problems associated with the attributability of cyber attacks to specific state actors; and integrate legal and technical perspectives.
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Prerequisites
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Completion of this course is conditional upon completion of the course Legal Theory of Information Technology 1 a 2 Information Technology for Law and Legal Science 1 a 2 International Law and Digital Technologies 1 and 2
MEP/TLTT1 and MEP/TLTT2 and MEP/TIT1 and MEP/TIT2 and MEP/TMPD1 and MEP/TMPD2
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Assessment methods and criteria
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Student performance
Active participation of the student in seminars, preparation of a semester project and its oral defence are required. Full-time students must attend at least 80% of the seminars, while combined students must attend 50% of the seminars and one individual consultation.
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Recommended literature
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BRUNER, T., FAIX, M. The Attribution Problem as a Tool of Lawfare. Obrana a strategie, 2018, no. 18(1).
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FAIX, M., STEJSKAL, P. (2022). Legal Aspects of Misattribution Caused by Cyber Deception. 14th International Conference on Cyber Conflict: Keep Moving! (CyCon), NATO CCDCOE, 2022, pp. 205 - 218..
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GEISS, R., LAHMANN, H. (2013). Freedom and Security in Cyberspace. Shifting the Focus Away from Military Responses Towards Non-Forcible Countermeasures and Collective Threat-Prevention. Peacetime Regime for State Activities in Cyberspace, NATO CCD COE, 2013, pp. 625-626.
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KILOVATY, I. (2014). Cyberwarfare and the Jus Ad Bellum Challenges: Evaluation in the Light of the Tallinn Manual on the International Law Applicable to Cyber Warfare. American University National Security Law Brief, 2014, no. 5(1), pp. 91 - 124..
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KITTICHAISARRE, K. (2017). Public International Law of Cyberspace. Springer.
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POLI, S. The Rationale and the Perils of Failing to Invoke State Responsibility for Cyber-Attacks: The Case of the EU Cyber Sanctions. German Law Journal, 2023, no. 24(3), pp. 522 - 536..
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ROSCINI, M. (2014). Cyber Operations and the Use of Force in International Law. Oxford University Press.
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SCHMITT, M. (ed.). (2017). Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations. Cambridge University Press.
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SCHMITT, M. (2015). The Use of Cyber Force and International Law. The Oxford Handbook of the Use of Force in International Law, Oxford University Press, 2015, pp. 1110 - 1130. Oxford University Press.
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TSAGOURIAS, N., BUCHAN, R. (eds.). (2017). Research Handbook on International Law and Cyberspace. Edward Elgar Publishing.
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TSAGOURIAS, T. Digitalization and its Systemic Impact on the Use of Force Regime, Legal Uncertainty and the Replacement of International Law. German Law Journal, 2023, no. 24(3), pp. 494 - 507. 2023.
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