Friday, 27 October 2017

Legal Implications of the Use of Social Media by Armed Actors

The use of apps, social media and other methods of digital communication between people is constantly on the increase. This practice has extended into armed conflicts, where parties to the conflicts use such tools for their communications. Is international humanitarian law (IHL) applicable to the employment of these new technologies during armed conflict—and if so, how? Read Pontus Winther's post in ICRCs blog Humanitarian Law and Policy.
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Thursday, 17 August 2017

Invitation to a panel discussion on Cyber operations and international law


Stockholm Center for International Law and Justice and the Centre for International and Operational Law (CIOL) at the Swedish Defence University invite you to a panel discussion on

 

Cyber operations and international law: prospects for global norms?

 

Although some early enthusiasts thought of cyberspace as a realm beyond sovereignty, it is now abundantly clear that both domestic law and international law apply to cyberspace. However, there is no international convention on security in cyberspace and no global consensus on exactly how existing international law applies. A UN Group of Governmental Experts (GGE) has been trying to set out how current international law applies and formulate draft rules on responsible behaviour in cyberspace, but their latest meeting, in 2017, was ultimately unsuccessful. Efforts are ongoing in other fora, like the G20 and OSCE, but the world is still far from agreement on how existing law shall apply and what, if any, new rules are needed. In the meantime, the number of cyber incidents are multiplying and getting more serious, with attacks from both states and non-state actors. This panel will present current efforts of regulating security cyberspace and discuss the prospects for future regulations.

 

Presentation of the problem -- the application of international law to cyber operations (Professor Pål Wrange, Stockholm University)

The Tallinn Manual process (Professor Terry Gill, University of Amsterdam)

The GGE (Ambassador Marja Lehto, Finnish Ministry for Foreign Affairs)

The Global Commission on the Stability of Cyberspace (Ambassador Marina Kaljurand, chair of the commission)

 

Monday 28th August 2017 14:00-15:00 in lecture hall 5,

Level 3, B Building, University Campus Place, Frescati

 

This event has been made possible through a generous grant from the Marcus Wallenberg Foundation for International Scientific Collaboration
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Wednesday, 28 June 2017

Centrum för operativ juridik och folkrätt åker till Almedalen


Försvarshögskolan finns på plats i Visby under Almedalsveckan 2017. Centrum för Operativ Juridik och Folkrätt kommer också att finnas på plats för seminarier och diskussioner kring krisberedskap, totalförsvarslagstiftning och folkrätt.

Den 3 juli kl. 11.45-12.30 genomförs seminariet "Höjd beredskap - ett verktyg för samhällsstörningar i gråzonen"
Deltar gör:
- Peter Hultqvist, Försvarsminister
- Nils Svartz, Vikarierande generaldirektör, Myndigheten för samhällsskydd och beredskap (MSB)
- Jenny Deschamps-Berger, Chef Sektionen för analysstöd vid Crismart, Försvarshögskolan
- Marika Ericson, Doktorand i internationell rätt och militärteknik
Modererar gör Robert Egnell, institutionschef vid Institutionen för säkerhet, strategi och ledarskap (ISSL), Försvarshögskolan
Länk till seminariet:
https://www.facebook.com/events/109315806335018

Länkar till övriga FHS seminarier:
Triple Helix - ett verktyg mot framtida militära hot
https://www.facebook.com/events/441672212858075

Framtidens soldat – en hacker? Så fungerar cyberförsvaret
https://www.facebook.com/events/116557865598290/

Så attraherar vi unga till försvaret
https://www.facebook.com/events/1770247469934026

Så påverkar Trump och Brexit det europeiska försvarssamarbetet
https://www.facebook.com/events/1423015454420252


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Wednesday, 5 April 2017

New Publication: The Practice of Shared Responsibility in International Law

Professor Kleffner acted as co-editor of the international military operations cluster (chapters 23-30) of the publication 'The Practice of Shared Responsibility in International Law', published by Cambridge University Press. The book is edited by Professor André Nollkaemper and Dr. Ilias Plakokefalos. You can find out more about the publication at http://www.cambridge.org/se/academic/subjects/law/public-international-law/practice-shared-responsibility-international-law?format=HB&isbn=9781107107090
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Tallinn Manual 2.0 published

The second edition of the Tallinn Manual, entitled 'Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations' has been published by Cambridge University Press. The Manual has been prepared by an international group of experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence. Professor Michael N. Schmitt of the US Naval War College and the University of Exeter acted as Director and General Editor. Professor Jann Kleffner contributed to the Manual and Dr. Heather Harrison Dinniss acted as one of the legal peer reviewers. You can learn more about Tallinn 2.0 and its launch at https://ccdcoe.org/tallinn-manual-20-international-law-applicable-cyber-operations-be-launched.html and at http://www.cambridge.org/se/academic/subjects/law/humanitarian-law/tallinn-manual-20-international-law-applicable-cyber-operations-2nd-edition?format=PB.
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Saturday, 1 April 2017

Third and Final Working Session Day of the Seminar

All good things must come to an end, and so has the XI Seminar for Legal Advisors of the Armed Forces.

On Friday, the final day went under the theme New Military Technologies and the Law. It was chared by Brigadier-General Professor Dr. Paul Ducheine (National Defence University; The Netherlands).
Brigadier-General Professor Dr. Paul Ducheine. Photo: Zarah Abrahamsson

First speaker of the day was Marika Ericson (lecturer and PhD candidate, Swedish Defence University; Sweden) on the topic of the Swedish experiences in regards of the interplay between domestic law and international law, and the institutional responsibilities.
Ms Ericson emphasized that the weakest point in cyber security is that technology is developed based on everything but security. Moreover, is cyberattacks a challange to the dichotomy of war and peace? Do we need a third paradigm?
Marika Ericson. Photo: Zarah Abrahamsson
Colonel Gary Corn (Staff Judge Advocate, US Cyber Command; USA) gave a presentation on Navigating Grey Zone Challenges in and through Cypberspace. COL Corn also pointed out the difficulty of categorizing a cyberattack as an armed attack or as an action in peace time. He emphasized that before taking countermeasures to a cyberattack, states have to analyze what authority it has, and that states need to have justification in interantional law in order to take action. He also stressed the necessity of defining whether the cyberattack breached any interanational laws or was lawful.
Colonel Gary Corn. Photo: Zarah Abrahamsson
The Seminar continued with a presentation from Dr. Heather Harrison Dinniss (Senior Lecturer in international law, Swedish Defence University; Sweden) on Human Enhancement Technologies: Solider 2.0 – Miliatry Human Enhancement & International Law. As Dr. Harrison Dinniss clarified, the human enhancement applies to the idea of Captain America rather than the Terminator, that is, not robots. She talked about three major developments in human enhancement: biochemical, cybernetics and prostheses. We are upgrading people. Giving them abilities what is beyond what is considered “normal”.
Dr. Heather Harrison Dinniss. Photo: Zarah Abrahamsson

Dr. Bill Boothby (Associate Fellow Geneva Centre for Security Policy, UK) spoke of autonomous weapons and some of the problems with the concept of "person in the loop" in regards of remotely polited aircrafts. The loop consists of two links: the uplink from the operator to the aircraft through which instructions are given; and the downlink from the aircraft to the centre giving information to the operator - who gives instructions to the aircraft.
Dr. Bill Boothby. Photo: Zarah Abrahamsson

The Seminar ended with a closing dinner.

/Zarah
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Thursday, 30 March 2017

Second Working Session Day of the Seminar

The Second Working Session Day of the XI Seminar for Legal Advisors of the Armed Forces focused on practical issues for Legal Advisors in military operations. It was chaired by Colonel Ben Klappe throughout the day, and he began by introducing Pontus Winther (lecturer and PhD candidate, Swedish Defence University, Sweden).

Mr Winther spoke about his research project, Legal Aspects of Influence Operations. He explained to the audience that he defines influence operations as "the use of information to influence individuals to certain behaviour". The purpose of the research project is to compare legal consequences in international law in armed conflict, occupation and military operations below the threshold of armed conflict.
 
Pontus Winther. Photo: Zarah Abrahamsson
Next speaker was Professor Dr. Marco Odello (Reader in Law and Director of International and External Engagement at Aberystwyth University, UK). The topic was human tafficking and peace operations, and Professor Odello talked about the legal aspects of two central legal documents in fighting human trafficking: Protocol to Prevent, Suppress and PunishTrafficking in Persons (also known as the Palermo Protocol), and the UN Convention against TransnationalOrganized Crime. Professor Odello emphasized that the Protocol must be interpreted in the light of the Convention. There are also possible links between trafficking human beings (THB) and sexual exploitation abuse (SEA), and we need to identify and recognize such links between these two crimes. 
Professor Dr. Marco Odello. Photo: Zarah Abrahamsson
Staff Brigadier Salem Jumaa Rasheed Al Kaabi (Director of the Military Justice Directorate, United Arab Emirates) gave a presentation on the development of the newly established military justice system in the United Arab Emirates.The vision was to realize a leading position on the level of contemporary military judicial systems that is transparant and accountable. One of the purposes of establishing the system was due to the difficulty of civil public prosecution handling crimes committed at military camps and units due to their confidentiality and privacy. Military prosecution members or the military judges have a better knowledge of military life.
Staff Brigadier Salem Jumaa Rasheed Al Kaabi. Photo: Zarah Abrahamsson
Arne Willy Dahl (Judge Advocate General, ret., and Honorary President of the International Society for Military Law and the Law of War, Norway) gave a speech on the development of the Oslo Manual. The first meeting was held in 2004 and the final expert meeting of group of experts will take place in June 2017. ISMLLW a session in Namibia 2008 where the not yet final HPCR Manual was presented for comments to the African region. The president and members of the ISMLLW participated in the project in their personal capacity. Members the Board to the Society are in the group of experts of the Oslo manual. This means that even though there no formal cooperation, but there are some overlaps.
Arne Willy Dahl. Photo: Zarah Abrahamsson
The Seminar continued with a speech by Ambassador Dr. Marie G. Jacobsson (LL.D., Principal Legal Advisor on International Law, Swedish Ministry for Foregin Affairs; Former Member of the United Nations Intenational Law Commission; and Special Rapporteur for the topic Protection of the environment in relation to armed conflict; Sweden). Dr. Jacobsson spoke in the capacity of former Special Rapporteur and gave a presentation on the development of awareness of the proction of the environment in relation to armed conflict. She also talked about the work of the ILC on the matter, and that the next step for the ILC is the adoption of the Commentaries to the Draft Principles of the topic Protection of the environment in relation to armed conflict. In 2018 there will be a debate in the 6th Committee, and product is estimated to be finalized 2019-2021.
Ambassador Dr. Marie G. Jacobsson. Photo: Zarah Abrahamsson
/Zarah
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