Michael N Schmitt
Biographic Data
| ID | 1318010 |
|---|---|
| NAME | Michael N Schmitt |
| GIVEN NAMES | Michael N |
| FAMILY NAME | Schmitt |
| SIGNATURE | SCHMITT M N |
| AFFILIATIONS | United States Military Academy |
| VERIFIED | No |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 11 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
Protecting the environment in armed conflict
This article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary…
Normative architecture and applied international humanitarian law
Military strategists have begun pivoting from a focus on counterterrorism, counter-insurgency and stability operations to potential peer and near-peer conflict. This shift has profound operational and tactical implications for how future wars will be fought, but equally, it will have a significant impact on how international humanitarian law (IHL) is understood and applied. This article considers the process by which the normative evolution of IH…
Wired warfare 3.0
As a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addres…
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rule…
Sovereignty in Cyberspace
Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is generally employed in its broadest sense, one that signifies freedom from external control and influence. For instance, when Western states raise the issue of human rights in cyberspace, those on the opposite side of the negotiating table fall…
International law and the military use of unmanned maritime systems
Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particular…
Air Warfare
Military air operations remain the domain least regulated by international law. This chapter begins by discussing the history of air operations, including efforts to develop the law of air warfare. It then examines the law of air warfare from the perspective of airmen. It does so by addressing four main questions: (1) Where may air operations be conducted? (2) Who and what may be attacked? (3) How must air operations be conducted? (4) What weapon…
Rewired warfare
The most significant debate regarding the applicability of international humanitarian law to cyber operations involves interpretation of the rules governing cyber “attacks”, as that term is understood in the law. For over a decade, the debate has been a binary one between advocates of the “permissive approach” developed by the author and a “restrictive approach” championed by those who saw the permissive approach as insufficiently protective of t…
Tallinn Manual on the International Law Applicable to Cyber Warfare
The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which s…
Essays on Law and War at the Fault Lines
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the
Precision attack and international humanitarian law
This article explores the relationship between precision attack and international humanitarian law. It begins by addressing the nature of precision attack, including precision technologies, the combat environment in which it occurs, attacker tactics, and the targeting process. Modern precision attack's greatest impact on international humanitarian law lies in four areas: indiscriminate attack; proportionality; precautions in attack; perfidy and p…
Wired warfare
La guerre de l'information s'annonce comme le nouvel outil révolutionnaire qui sera utilisé pour se battre dans les conflits armés. Une attaque contre les réseaux informatiques (Computer Network Attack, CNA) désigne toute opération visant à perturber, refuser, dégrader ou détruire l'information résidente dans les ordinateurs ou les réseaux informatiques. Dans les conflits armés internationaux, les ramifications de ce genre d'attaque peuvent se ré…
The Law of Armed Conflict
VRÜ Verfassung und Recht in Übersee , Seite 154 - 156
Precision attack and international humanitarian law
This article explores the relationship between precision attack and international humanitarian law. It begins by addressing the nature of precision attack, including precision technologies, the combat environment in which it occurs, attacker tactics, and the targeting process. Modern precision attack's greatest impact on international humanitarian law lies in four areas: indiscriminate attack; proportionality; precautions in attack; perfidy and p…
Wired warfare
La guerre de l'information s'annonce comme le nouvel outil révolutionnaire qui sera utilisé pour se battre dans les conflits armés. Une attaque contre les réseaux informatiques (Computer Network Attack, CNA) désigne toute opération visant à perturber, refuser, dégrader ou détruire l'information résidente dans les ordinateurs ou les réseaux informatiques. Dans les conflits armés internationaux, les ramifications de ce genre d'attaque peuvent se ré…
Wired warfare 3.0
As a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addres…
International law and the military use of unmanned maritime systems
Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particular…
Sovereignty in Cyberspace
Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is generally employed in its broadest sense, one that signifies freedom from external control and influence. For instance, when Western states raise the issue of human rights in cyberspace, those on the opposite side of the negotiating table fall…
The Law of Armed Conflict
VRÜ Verfassung und Recht in Übersee , Seite 154 - 156
Wired warfare
La guerre de l'information s'annonce comme le nouvel outil révolutionnaire qui sera utilisé pour se battre dans les conflits armés. Une attaque contre les réseaux informatiques (Computer Network Attack, CNA) désigne toute opération visant à perturber, refuser, dégrader ou détruire l'information résidente dans les ordinateurs ou les réseaux informatiques. Dans les conflits armés internationaux, les ramifications de ce genre d'attaque peuvent se ré…
Precision attack and international humanitarian law
This article explores the relationship between precision attack and international humanitarian law. It begins by addressing the nature of precision attack, including precision technologies, the combat environment in which it occurs, attacker tactics, and the targeting process. Modern precision attack's greatest impact on international humanitarian law lies in four areas: indiscriminate attack; proportionality; precautions in attack; perfidy and p…
Essays on Law and War at the Fault Lines
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the
Tallinn Manual on the International Law Applicable to Cyber Warfare
The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which s…
Air Warfare
Military air operations remain the domain least regulated by international law. This chapter begins by discussing the history of air operations, including efforts to develop the law of air warfare. It then examines the law of air warfare from the perspective of airmen. It does so by addressing four main questions: (1) Where may air operations be conducted? (2) Who and what may be attacked? (3) How must air operations be conducted? (4) What weapon…
Rewired warfare
The most significant debate regarding the applicability of international humanitarian law to cyber operations involves interpretation of the rules governing cyber “attacks”, as that term is understood in the law. For over a decade, the debate has been a binary one between advocates of the “permissive approach” developed by the author and a “restrictive approach” championed by those who saw the permissive approach as insufficiently protective of t…
International law and the military use of unmanned maritime systems
Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particular…
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rule…
Sovereignty in Cyberspace
Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is generally employed in its broadest sense, one that signifies freedom from external control and influence. For instance, when Western states raise the issue of human rights in cyberspace, those on the opposite side of the negotiating table fall…
Wired warfare 3.0
As a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addres…
Normative architecture and applied international humanitarian law
Military strategists have begun pivoting from a focus on counterterrorism, counter-insurgency and stability operations to potential peer and near-peer conflict. This shift has profound operational and tactical implications for how future wars will be fought, but equally, it will have a significant impact on how international humanitarian law (IHL) is understood and applied. This article considers the process by which the normative evolution of IH…
Protecting the environment in armed conflict
This article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary…
Political science (13 works) · Law (12 works) · Computer Science (10 works) · International law (10 works) · International Law and Human Rights (10 works) · Cybersecurity and Cyber Warfare Studies (7 works) · Law (7 works) · Sociology (7 works) · Law and economics (6 works) · Global Peace and Security Dynamics (5 works)