Throughout the afternoon of January 27, the panel of speakers at the 12th annual International Humanitarian Law Conference shared their expertise on the issues surrounding cyber warfare with around 80 people in Room 105 at the Schulich School of Law.
The conference was hosted by the John E. Read International Law Students鈥� Society (JERILS) and AV俱乐部鈥檚 Law & Technology Institute, in partnership with the Canadian Red Cross. Schulich Law alumna Catherine Gribbin (LLB 鈥�06), senior legal advisor for IHL at the Canadian Red Cross, was the moderator.
The keynote speaker was Colonel Gary Brown of Marine Corps University, a former judge advocate with the United States Air Force who speaks on cyber operations law and policy.
In addition to Gribbin and Colonel Brown, the panel consisted of Schulich Law Professor Jonathon Penney; Stephanie Carvin, assistant professor of international relations at Carleton University鈥檚 Norman Paterson School of International Affairs; and Major Max Reede, legal advisor to Joint Task Force Atlantic and Maritime Forces Atlantic.
Schulich Law Dean Camille Cameron welcomed the speakers and attendees, taking a moment to praise the law students for organizing the conference.
鈥淗ats off to our students who have worked so hard to pull this together,鈥� she said, 鈥淚t鈥檚 an important educational event not only for our university community but also for the broader community.鈥�
Schulich Law Professor Robert Currie, director of the Law & Technology Institute, says the topic is timely.
鈥淐yber warfare has landed in the news recently because of the [alleged] Russian hacks on the U.S. election,鈥� he says. 鈥淲hile militaries have been working on the front line of trying to develop the law, it鈥檚 important that other civil society voices be brought to the table. This conference brought together different viewpoints on a front-burner topic. The Schulich School of Law, with its strong tradition of engagement with both international law and technology, was the ideal place to have it.鈥�
Understanding cyber warfare
According to the International Committee of the Red Cross, cyber warfare has been defined as any hostile measures against an enemy designed 鈥渢o discover, alter, destroy, disrupt, or transfer data stored in a computer, manipulated by a computer, or transmitted through a computer.鈥�
Examples of hostile use include computer attacks on air traffic control systems, oil pipeline flow systems, and nuclear plants.
Lawyers and technical experts such as information security professionals working at security firms like CrowdStrike and ThreatConnect agree that the potential of computer network attacks is massive, leading to questions about how to apply international humanitarian law (IHL) and how to define 鈥渁rmed conflict.鈥�
While there is no specific mention of cyber warfare or computer network attacks in the Geneva Conventions or their Additional Protocols, the principles and rules in these treaties governing the means and methods of warfare aren鈥檛 restricted to situations that existed when they were created. Those who work in IHL clearly anticipate advances in weapons鈥� technology and the development of new means and ways of waging war.
Cyber warfare adds a new level of complexity to armed conflict that may pose challenging questions for IHL.
鈥淭here鈥檚 so much that鈥檚 unknown 鈥� that鈥檚 why we鈥檙e excited to be here today,鈥� said Gribbin. 鈥淲e must understand the legal context in which cyber warfare is being conducted.鈥�
"Cyber is interested in you"
Colonel Brown made the audience laugh with his first slide, which read, 鈥淵ou may not be interested in cyber, but cyber is interested in you鈥︹�� He explained that all of the systems we use now rely on cyber systems.
鈥淚s anyone here concerned about your privacy on the Internet?鈥� asked Brown. 鈥淲ell, forget it! We gave it up a long time ago. We assume things like the webcams we buy are safe and secure, but everything that touches the Internet is a potential 鈥榖ot鈥� in a cyber attack.鈥�
Brown explained that cyber 鈥渄isruptions,鈥� as opposed to warfare, are events that only cause inconvenience but no direct injury or death or property destruction; for example, limiting access to bank machines. Among global nations, he cited Russia and China as the best at manipulating data.
Professor Penney said that he confronts international humanitarian law and cyber warfare in his research.
鈥淲e throw around legal and public policy terms like cyber warfare, but we have to focus on how IHL and other laws influence or don鈥檛 influence cyber attacks,鈥� he said. 鈥淚n other words, do state and non-state operatives think about international human rights law and other legal requirements of war when they carry out these attacks 鈥� focusing on military rather than civil targets, for instance? And if not, why not?鈥�
An area of significant challenge
Major Reede said that in the foreseeable future, cyber warfare is an area of 鈥渟ignificant challenge鈥� and an important area of growth and development for the Canadian military.
鈥淚t鈥檚 easy to understand a [traditional] bomb, but it鈥檚 less easy to understand a logic bomb,鈥� he said. 鈥淲hat makes it even more challenging is that the cyber weapons of today might soon be obsolete.鈥�
Professor Carvin pointed to the increasing role that artificial intelligence will play in cyber defence and security in the future. There鈥檚 also no international standard practice on how data should be stored and maintained, or who should have access to it and when it should be deleted.
鈥淕overnments are good at protecting themselves,鈥� she said, 鈥渂ut small and medium enterprises aren鈥檛.鈥� She advised the aspiring lawyers in the room to think about this question: What is the right to data privacy under IHL?
Third-year law student Dylan O鈥橪eary聽helped organize the conference.
鈥淭he support and participation of the Canadian Red Cross, the Law & Technology Institute, and the student organizers made the conference a great success,鈥� he said. 鈥淐reating a legal regime that can tackle the problem of cyber conflict is one of the foremost challenges that we face as a society. We鈥檙e grateful to the speakers for sharing their expertise and encouraging us to work through the tools and concepts necessary to confront this challenge.鈥�