Harriet Moynihan

Nota: Este archivo abarca los artículos publicados por el autor desde el 1 de Septiembre de 2008. Para fechas anteriores realice una búsqueda entrecomillando su nombre.

A computer hacked by a virus known as Petya. The Petya ransomware cyberattack hit computers of Russian and Ukrainian companies on 27 June 2017. Photo: Getty Images.

In discussions to date about how international law applies in cyberspace, commentators have tended to focus their attention on how the rules on the use of force, or the law of armed conflict, apply to cyber activities conducted by states that give rise to physical damage, injury or death.

But in practice, the vast majority of state cyberattacks fall below this threshold. Far more common are persistent, low-level attacks that may leave no physical trace but that are capable of doing significant damage to a state’s ability to control its systems, often at serious economic cost.

Such cyber incursions might include network disruptions in the operation of another government’s websites; tampering with electoral infrastructure to change or undermine the result; or using cyber means to destabilize another state’s financial sector.…  Seguir leyendo »

Students holding Chinese national flags watch the live broadcast of the 40th anniversary celebration of China's reform and opening-up at Huaibei Normal University on 18 December. Photo: Getty Images.

China’s adherence to the rules-based international system is selective, prioritizing certain rules in favour of others. States supportive of that ‘system’ – or, as some argue, systems[1] – should identify areas of mutual strategic interest so that they can draw China further into the global rules-based order and leverage China as a constructive player that potentially also contributes to improvements in such areas. This is particularly apposite at a time when the US is in retreat from multilateralism and Russia seems bent on disrupting the rules-based international order.

Supportive player

There are many reasons for actively engaging with China on mutual areas of interest.…  Seguir leyendo »

Soldiers stand in line as the frigate Xuzhou arrives at the port of Djibouti in May 2018. In 2017, China established its first foreign naval base in Djibouti. Photo via Getty Images.

China’s involvement in UN peacekeeping contributions has been on the rise for some time. China is also stepping up its own military and security operations abroad to protect its commercial and strategic interests, particularly in Africa. In doing so, China is exposing itself to a more complex set of issues – including international legal issues – with which it is only just starting to grapple.

China’s contribution to UN peacekeeping over the last 10 years has expanded dramatically. In September 2016, it pledged $1 billion to help fund UN peace, security and development activities, while in 2018 it supplied 10.3 per cent of the UN peacekeeping budget, up from 3.93…  Seguir leyendo »

The Xuelong 2 icebreaker is christened in Shanghai on 10 September. Photo via Getty Images.

As polar ice melts, the Arctic will become increasingly important for its untapped oil, gas and minerals as they become more accessible, as well for its shipping routes, which will become increasingly cost efficient for cargo as parts of the routes become ice-free for extended periods.

A number of countries, including Russia and China, are also exploring the possibilities around overflights, commercial fishing, the laying of submarine cables and pipelines, and scientific research.

Earlier this month, China announced the launch of its first domestically built conventionally-powered polar icebreaker, Xuelong 2, or Snow Dragon 2. Like its (foreign-built) predecessor,Snow Dragon, this vessel’s purpose is framed as scientific research into polar ice coverage, environmental conditions, and biological resources.…  Seguir leyendo »

A staff member at the UK National Cyber Security Centre in London. Photo: Getty Images.

The UK has been working towards building its offensive cyber capability since 2013, as part of its approach to deter adversaries and to deny them opportunities to attack, both in cyberspace and in the physical world. But reports that the government considered an offensive cyberattack as part of its response to the poisoning of Sergei Skripal and his daughter in Salisbury on 4 March have brought the issue of whether and when offensive cyber operations would be justified under international law to the fore.

Under international law, a state is entitled to take countermeasures for breaches of international law against it that are attributable to another state.…  Seguir leyendo »

Cooperation among states for the purposes of armed conflict and counterterrorism is increasingly commonplace. In Syria, for example, and in Iraq’s battle with ISIS, various coalitions of states operate behind the scenes, providing each other with a range of support and assistance, often under the radar. Assistance may be operational (embedded soldiers, the supply of weapons, the provision of military bases), but equally may take the form of technical, logistical or financial support. States also increasingly assist one another in counterterrorism situations, for example through the provision of training or intelligence.

The provision of such assistance has legal ramifications. What if, for example, that assistance contributes to a breach of international law?…  Seguir leyendo »