Armed Conflict Cybersecurity & Tech

Harold Koh on Cyber War

Paul Rosenzweig
Wednesday, September 19, 2012, 10:28 AM
I attended a conference yesterday at Ft.

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I attended a conference yesterday at Ft. Meade, sponsored by the Staff Judge Advocate for US Cyber Command.  I'll have more on the conference as time permits, but for now, here is a nice summary by Ellen Nakashima of the Washington Post.  As she notes, the most notable aspect of the conference was the public statement by Harold Koh, the State Department Legal Advisor, which, for the first time articulated the USG position that the Laws of Armed Conflict apply in cyberspace.  This may be trivial -- most of us had assumed so already -but it is still significant.  And there was nuance in what Koh said that will require some more explanation (I will post some of the text when available).  But for now, the mere event is worth noting. UPDATE:  Our friends at Opinio Juris now have the text of the Koh remarks available.

Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.

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