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Law of Armed Conflict To Apply To Cyberwar
charter6 writes "Gen. Kevin Chilton, the head of STRATCOM, just declared that the Law of Armed Conflict will apply to cyberwar, and that the US won't rule out conventional (read: kinetic) responses to cyber-attacks. This means that we consider state-supported 'hackers' to be subject to the Geneva Conventions and Customary International Law, including the rules of proportionality and distinction (i.e. if we catch them, we can try them for war crimes). Incidentally, it also means we consider non-state cyber-attackers to be illegal enemy combatants, which means we can do all kinds of nasty stuff to them."
Those in charge of US CyberCommand have stated for a long time now they want the ability to a physical attack in response to a cyber attack.
They state that they want the Law of Armed Conflict to apply. This would also mean that the Rules of Engagement would apply as well. Generally, the Rules of Engagement state that they are only allowed to use deadly force if there is an imminent threat of death or injury. That means they won't be dropping bombs on hackers' houses anytime soon. But then the US military does have a record or "shoot first, ask questions later".
What they want is for a cyber attack ot be deemed an act of War. This is hardly going to stop attacks from China (where a large proportion of the attacks currently originate). Needless to say that sending a cruise missile into mainland China to take out a hacker's house would be a very bad move for the US in the current climate.
The whole "illegal enemy combatant" thing is immoral regardless of whether the "attacks" are physical attacks or just attempts made to disrupt digital communications.
No, it's very much moral and necessity. The application of it by the previous administration, however, is outright criminal.
The Laws of Armed Conflict and the Geneva Conventions that provides the clause for "illegal enemy combatants" as a classification to exist, exist for a reason. It's to prevent war from descending to absolute fucking barbarism. War is ugly and brutal enough as it is when everyone follows the rules.
You have no idea how inhuman the actors who play outside of those rules can be unless you've seen it for yourself. The terrible things that criminal things soldiers have done pale in comparison to the gutwrenchingly and heartbreakingly deplorable acts that armed people will do in the absence of good order and discipline.
That we're using illegal combatant status as a loophole legal justification for torture IS immoral, but the rules were there to try to force everyone to behave with some semblance of human civility, no matter how small.