Cyber Civilians as Combatants
Loading...
Authors
Bailey, Christopher
Issue Date
2017-01
Volume
8
Issue
1
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
The United States, like many other countries, has used increased numbers of government civilians to accompany and support deployed military forces over the past decades. In fact, there is evidence that sensitive cyber operations require personnel with advanced skills working against a target set over a long period of time, suggesting that civilians may be better suited for certain roles over military personnel subject to rotational service personnel policies. This raises the issue whether the use of civilians, as agents of a belligerent nation-state, to conduct cyber operations in international armed conflict violates international humanitarian law (IHL). If a civilian serving as an intelligence officer at the National Security Agency (NSA), the U.S. Cyber Command (CYBERCOM), or a deployed location conducts an otherwise lawful cyber operation, is that person, if later captured, entitled to prisoner of war (POW) status and combatant immunity? This article argues that government civilians can serve in such combatant roles without violating international law. Indeed, this article argues that civilians serving as cyber-combatants may be better positioned than military personnel to meet the requirements of military necessity, while respecting the rights of non-combatants and regulating the conduct of the parties to the conflict.
Description
Citation
Publisher
Creighton University School of Law
License
Copyright