The R2P is Dead, Long Live the R2P: The Successful Separation of Military Intervention from the Responsibility to Protect’

Roland Paris is one of those authors whose work is always enjoyable, as he exploits so well the gap between the policy world and academia. His best work reveals a high level of policy insight often before many of his colleagues in academia have caught up. His secret is an ability to analyse the shifting understandings at policy level and to then articulate them in academic terms as if critiquing current policies. This enables his work to be both popular with policy-makers and with their erstwhile critics in academia. His 2004 monograph, At War’s End, captured the shift from peacekeeping intervention and ‘early exit’ to the extended remits of international statebuilding (‘Institutionalization before Liberalization’). It provided a wonderful rationalisation of policy shifts that had already occurred in the late 1990s, starting with the extension of international mandates in Bosnia, from 1996 onwards, and further developed with the Kosovo protectorate in 1999. However, this shift was skilfully reposed as a critique of existing policy-understandings.

Military objectives in cyber warfare

This Chapter discusses the possible problems arising from the application of the principle of distinction under the law of armed conflict to cyber attacks. It first identifies when cyber attacks qualify as ‘attacks’ under the law of armed conflict and then examines the two elements of the definition of ‘military objective’ contained in Article 52(2) of the 1977 Protocol I additional to the 1949 Geneva Conventions on the Protection of Victims of War. The Chapter concludes that this definition is flexible enough to apply in the cyber context without significant problems and that none of the challenges that characterize cyber attacks hinders the application of the principle of distinction.