Good examples would be the terrorist attacks organized by Al-Qaida against the United States from within Afghanistan or by Hezbollah against Israel but originating from Lebanon. Although the permissibility of such interstate force is controversial in view of the UN Charter prescriptions, the fundamental obligation of states to prevent their territory from being used as a launching pad for hostile activities against other states is widely recognized. In fact, the unspecified legal status of cyberspace should be examined along with one possible revision of the concept of online neutrality.
After all, if the Internet is considered:. Principle of In Bello Proportionality. Article 51 5 b of AP I. The aim of this rule is simple — belligerent should not begin an offensive if it will cause superfluous suffering or damage disproportional to the expected military advantage. Before pulling the trigger, the commander needs to weigh out whether the anticipated concrete and direct military advantage will be of sufficient extent so as to validate its legal status in spite of the presumption that there will be collateral damage.
It should be noted that collateral damage is always expected here. Diagram 2. As an example of the operation of this Rule, consider the case of a cyber attack on the Global Positioning System. The system is dual-use and thus a lawful target. However, depriving the civilian users of key information such as navigational data is likely to cause damage to, for instance, merchant vessels and civil aircraft relying on Global Positioning System guidance.
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If this expected harm is excessive in relation to the anticipated military advantage of the operation, the operation would be forbidden. Principle of In Bello Distinction. Diagram 3. Visual Illustration of How Ar. Under this basic rule, belligerents should always be capable of discriminating between combatants and civilians, and military and civilian objects respectively.
Unfortunately, the principle of distinction runs against the very nature of cyberspace. Cyber attacks definitely may put in jeopardy the integrity of this longstanding tenet because they may strike military targets, but their consequences can nevertheless spread over other unintended objects. As far as the principle of distinction is concerned, there must be employed means and methods of cyber warfare which will not target the objects that have special protection.
Article 36 of AP I — New weapons.
In the study, development, acquisition or adoption of a new weapon, means, or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited […]. Regarding means and methods, LOAC clearly prescribed an obligation to states to evaluate new weapons, including cyber weaponry, and whether their employment would completely or partially infringe some standards set out by IHL. States, however, are not obliged to publicise these analyses, and the majority of these findings are not open to the general public.
IHL gives special protection to certain individuals, groups, areas, and even objects.
Medical facilities, for instance, must not be attacked and must at all times be protected from the ravages of war. Consequently, computer attacks that may shut down the electricity generating system used by a hospital or lead to corruption of a medical database are most likely acts in violation of this special protection. From IHL point of view, the Obamacare cyber attacks could be seen as a violation of the ban to engage healthcare institutions, of course, under the assumption that there is an ongoing armed conflict in the first place.
Marking the computer-controlled systems of installations serving facilities that have special IHL protection e. Conversely, a cyber attack should be directed at military objects only as stipulated by LOAC, unless other norm overrides that rule lex specialis. Article 52 of AP I — General protection of civilian objects. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military of advantage.
The U. Notably, existing humanitarian norms allow the intentional destruction of civilian property to a degree rendered absolutely necessary in terms of military objectives — a fact that may procure an equitable solution to the otherwise perplexed relationship between data and jus in bello provided that the former is considered property. As slightly alluded to above, cyber attacks can be particularly dangerous because their effects are unpredictable and could endanger the civilians and civilian objects that should otherwise be spared.
As a result, the Dow Jones index dropped by points. Although having a primarily single function, dual-use targets can serve both civilian and military purposes, but are intertwined in depth with collateral damage. Targets like that are electrical grids, airports, communication systems, railways, etc. Nowadays, the military counts on identical communication nodes, public utility grids, navigation satellites, software and hardware, and technical personnel comprised of the civilian populace. Before launching a cyber attack, a decision-maker should access the concrete situation under the principle of distinction.
If a cyber assault on military traffic control system will feasibly bring down only a troop transport, then it abides by this rule. However, if there is a conceivable doubt that the effect will spread in civilian networks, then the cyber attack option should drop out.
The reason was simple: if he cannot finance the warfare, soon the conflict will die out by itself. Precise distinction is a prerogative reserved to highly sophisticated cyber attacks. On the other hand, either because of a hidden agenda or a technological or human error, a cyber attack can easily go wrong and transform swiftly into an indiscriminate avalanche sweeping away everything on its way.
In the end, if a virus has the ability to replicate itself in order to affect as many computers as possible, it will be difficult for the decision-maker to justify its usage under LOAC. Discovered in , it has infected millions of computers for the purpose of establishing a botnet infrastructure. Conficker spreads by several means and has three variants, one of which exploits peer-to-peer networking capabilities — a great example of how malware mutates and evolves in time.
And great sophistication is not an ultimate guarantee that there will be no errors or unforeseen consequences. If a computer virus is virulent enough, it will not take much time to seep out of the initially targeted military network of a state into its civilian systems or even to neutral states or allies. Presumably, such viruses will perhaps be deemed indiscriminate since they are unable to restrict its blast to military objects only, therefore they will be banned under the principle of discrimination as prescribed in AP I. Statistics provided by Kaspersky Labs showed that by the end of September , Stuxnet had infected , computers in about 30 organizations across the world.
Allegedly, although its creators had taken precaution to limit its spread, something must have gone amiss because it crawled out beyond its intended target. The oil giant Chevron admitted that the Stuxnet infected their system back in , a Russian Nuclear Plant fell victim, and rumour has it that even the Fukushima nuclear accident might had been precipitated by the notorious worm.
It was the day after the commemoration of the school's Foundation Day. While there were visitors who stayed behind after the event, most of the visitors had already left. Those who stayed behind saw for themselves the soldiers and members of the paramilitary group in the community. During the military and paramilitary encampment, elements of the 36th IBPA, 75th IBPA, SF, and members of the Bocales group threatened the school's faculty members, staff, and the community members that they will be massacred, unless they leave in two days.
At dawn of September 1, at around 4 a. Han-ayan is less than a kilometer from Km. The soldiers told the students and staff to come out of the school. Samarca saw Galicia and asked the soldiers not to hurt him. The soldiers let go of Galicia and held Samarca instead. As residents and teachers were leaving Han-ayan, 25 soldiers of the 75th IBPA in full battle gear and three to five members of the paramilitary group, remained in the community. In Km. The armed men separated the men from the women and children. The armed men grabbed him and separated him from the group. People saw the armed men beat Sinzo with wood.
The armed men also confiscated all cellphones and cameras from the residents and ALCADEV staff and remaining visitors in the community. Some members of the paramilitary group said Itallo was seen in the company of the NPA in the mountains.
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The highlight of their social life, through the s and continuing today, revolved around the brotherhood hall in Sausalito. The War Years The s brought the war, and thousands of workers from rural states flooded in to work the huge Marinship shipyards in Sausalito, churning out liberty ships, sometimes launching one a day, to ferry soldiers and materiel for the war effort. Needing housing, every available space, including the summer cabins of the beach, were soon filled. The military also took over what is now Spindrift Point , the house at Sunset, and built the lookout installations of the Overlook, all to watch for possible submarine attacks.
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It seems hard to think of now, but without satellite reconnaissance and instant communications, the Pacific Ocean was a very dark and empty space, with no way to be sure of anything beyond the visible horizon. My parents recalled sailors drinking for hours at the old Tavern, and then at midnight stumbling out the trail for their lookout shift on the Point. No flashlights were allowed, for fear of being spotted by enemy aircraft and headlights had to be painted purple!
Sis O'Brien told me that their was an anti aircraft gun set up in front of the Tavern, where the parking lot is now. From the '50s to the present As the tensions of World War II gave way to the affluence of the formica fifties, the Muir Beach community continued to follow its own unique path. As it was still consider a damp foggy and somewhat isolated community, housing remained cheap, and the Portuguese settlers were soon joined by the new Bohemians and Beatniks.
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This was the community of my childhood, positive in many ways, but not always the idyllic pastoral utopia many people think it must have been. Like all first generation immigrants, the Portuguese families relied on the strength of their Old Country heritage while adapting to the demands and skills needed by the new world economy. And the Bohemians were in some ways quite different from the optimistic and cheerful Hippies who followed them. They were fascinating, energetic and creative people, but often far more radical and revolutionary, dreaming of a more ideal, often socialist, world culture, and struggling to deal with, or to just ignore, the booming economy and superficial affluence they saw just over the hill.
While most of the American culture was idealizing the new wonderful new houses going up along Flamingo Road, my father, along with Doc O'Brien, Bud Brown, Alison Scofield and Chuck Borden, would spend hours, months, in heated discussions of radical politics and the future of America, one generation ahead of their time. Although often economically struggling, there was definitely a strong sense of community - funny how those two often go together.
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At that time the Beach seemed far more separate, and Mill Valley much further away. It was partly because I was a child, but also because of the economic and technological realities. I remember riding over the hill in my parents old used '48 Pontiac, whose only redeeming feature was being a bright robins egg blue. On a wintry night, through heavy rain or dense fog, we crept around the turns, the weak headlights did it even have a 12 volt battery? Nowadays I zip over the hill for my cappuccino, with quartz halogen headlights, cell phone, Triple A card and Volvo Stationwagon, and hardly give it a second thought.
Unless I remember the third grade Christmas play at Park School, that I went to with my mother and Bobby Victorino - I was so excited, because it was the first time we had gone to town for an evening event at school! But either despite or because of the economic uncertainties and sense, whether you were Portuguese or Bohemian, of being different from the mainstream, we did have a very strong sense of community cohesion. This community sense became an issue at the end of the s, when the Community Services District was first proposed.