Talk:Scenario 12: Cyber operations against computer data

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Framing of analysis: Alternative approach

An alternative approach, proposed by one of the reviewers, is to reframe the issue and reorganize the legal analysis in this scenario. According to that reviewer, “the issue is whether the operation or activity constitutes an attack as defined in the LOAC, subject to the IHL rules regulating attacks. If not, are there other rules or principles of IHL relevant to assessing the legality of each operation or activity. The definition of military objective is set out in API for the purpose of ensuring discrimination in the conduct of attacks. The question of whether an operations or activity constitutes and attack has two main elements: 1) level of harm; and 2) against what (tangible things).” Kubomacak (talk) 11:48, 25 January 2019 (UTC)