{"product_id":"2940148843719","title":"Lawful Targets in Cyber Operations: Does the Principle of Distinction Apply?","description":"The principle of distinction is one of the foundations of the law of war. The International Court of Justice has described it as part of \"[t]he cardinal principles contained in the texts con-stituting the fabric of humanitarian law.”4 As such, this principle should presumably hold true in any type of conflict. The cyber sphere, however, presents unique challenges to our ability to adequately distinguish between military and civilian and thereby adhere to this fundamental principle. Moreover, the nature of cyber operations is such that it does not neatly fit into the paradigm of hostilities around which the law of armed conflict (LOAC) is constructed. In fact, it has even been debated whether the LOAC rules on targeting would always apply to cyber operations, and whether the need to distinguish between military and civilian and the pro-hibition on attacking civilian targets are applicable to all forms of cyber op-erations or not.5 This article will examine these questions in the following manner. Part II will address the question of the nature of cyber operations that are likely to take place. This will include an examination of cyber oper-ations as fitting within the notion of attack. Part III will then turn to an analysis of the appropriate threshold of harm that would lead a cyber oper-ation to be considered an attack under LOAC—and thus subject to the principle of distinction—with particular focus on destruction of data and harm that does not have direct physical manifestation.","brand":"ReadCycle","offers":[{"title":"Default Title","offer_id":47156764475632,"sku":"2940148843719","price":2.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0737\/7593\/9824\/files\/2940148843719_p0.jpg?v=1763709008","url":"https:\/\/shop-qa.barnesandnoble.com\/products\/2940148843719","provider":"Barnes \u0026 Noble (DEV)","version":"1.0","type":"link"}