The DoD Law of War Manual and its Critics: Some Observations

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war

The law of cyber targeting

Cyber technology on the battlefield has outpaced the law, or at least full understanding of how extant law governs emerging capabilities—a strategically perilous state of affairs

Towards the Development of a Defensive Cyber Damage and Mission Impact Methodology

The purpose of this research is to establish a conceptual methodological framework that will facilitate effective cyber damage and mission impact assessment and reporting following a cyber-based information incidents. Joint and service guidance requires mission impact reporting, but current efforts to implement such reporting have proven ineffective. This research seeks to understand the impediments existing in the current implementation and to propose an improved methodology. The research employed a hybrid historical analysis and case study methodology for data collection through extensive literature review, examination of existing case study research and interviews with Air Force members and civilian personnel employed as experts in cyber damage and mission impact assessment of Air Force networks. Nine respondents provided valuable first-hand information about the current implementation cyber damage and mission impact assessment. This research identified several critical impediments to current mission impact assessment efforts on Air Force networks. Based upon these findings, a proposal is made for a new operations-focused defensive cyber damage and mission impact methodology. The methodology will address the critical impediments identified and will result in profound benefits in other areas of cyber asset protection. Recommendations for conceptual implementation and operationalization are presented and related future research topics are discussed

Expanding alliance: ANZUS cooperation and Asia–Pacific security

Is an alliance conceived as a bulwark against a resurgence of Japanese militarism and which cut its military and intelligence teeth in the Cold War is still relevant to today’s strategic concerns? Overview The alliance between Australia and the US, underpinned by the formal ANZUS Treaty of 1951, continues to be a central part of Australian defence and security thinking and an instrument of American policy in the Asia–Pacific. How is it that an alliance conceived as a bulwark against a resurgence of Japanese militarism and which cut its military and intelligence teeth in the Cold War is still relevant to today’s strategic concerns? The answer is partly—and importantly—that the core values of the ANZUS members are strongly aligned, and successive Australian governments and American presidential administrations have seen great value in working with like-minded partners to ensure Asia–Pacific security. Far from becoming a historical curiosity, today it’s not just relevant, but of greater importance than has been the case in the past few decades. To explore new ideas on how to strengthen the US–Australia alliance, ASPI conducted a high-level strategic dialogue in Honolulu in July this year. Discussions canvassed the future strategic environment; the forthcoming Australian Defence White Paper; budget, sovereignty and expectation risks; and cooperation in the maritime, land, air, cyber, space and intelligence domains. A key purpose of the Honolulu dialogue was to help ASPI develop policy recommendations on the alliance relationship for government. This report is the product of those discussions

The Law and the Human Target in Information Warfare: Cautions and Opportunities

This bachelor thesis will explore how two traffic shaping mechanisms can help preserve battery power while retaining a certain Quality of Service (QoS) in an Android based application developed for crisis management. The implemented user-space mechanisms will delay all elastic data requests in order to reduce the number of times the 3G transmission radio enters high power states. This lowers the QoS but extends the user equipment's battery life. The thesis will show that a shaping mechanism has the capability to reduce radio energy usage by up to 50% for the given Android application at the cost of added transmission delays by up to 134 seconds for background traffic. The study also presents two policies that help the application adapt to the current battery level and lower the QoS accordingly, namely one that has a lenient savings effect and one that has an aggressive savings effect

"Out of the loop": autonomous weapon systems and the law of armed conflict

The introduction of autonomous weapon systems into the “battlespace” will profoundly influence the nature of future warfare. This reality has begun to draw the attention of the international legal community, with increasing calls for an outright ban on the use of autonomous weapons systems in armed conflict. This Article is intended to help infuse granularity and precision into the legal debates surrounding such weapon systems and their future uses. It suggests that whereas some conceivable autonomous weapon systems might be prohibited as a matter of law, the use of others will be unlawful only when employed in a manner that runs contrary to the law of armed conflict’s prescriptive norms governing the “conduct of hostilities.” This Article concludes that an outright ban of autonomous weapon systems is insupportable as a matter of law, policy, and operational good sense. Indeed, proponents of a ban underestimate the extent to which the law of armed conflict, including its customary law aspect, will control autonomous weapon system operations. Some autonomous weapon systems that might be developed would already be unlawful per se under existing customary law, irrespective of any treaty ban. The use of certain others would be severely limited by that law. Furthermore, an outright ban is premature since no such weapons have even left the drawing board. Critics typically either fail to take account of likely developments in autonomous weapon systems technology or base their analysis on unfounded assumptions about the nature of the systems. From a national security perspective, passing on the opportunity to develop these systems before they are fully understood would be irresponsible. Perhaps even more troubling is the prospect that banning autonomous weapon systems altogether based on speculation as to their future form could forfeit their potential use in a manner that would minimize harm to civilians and civilian objects when compared to non-autonomous weapon systems