- Class Number 8610
- Term Code 2970
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Dr William Boothby
- Dr William Boothby
- Class Dates
- Class Start Date 28/10/2019
- Class End Date 12/12/2019
- Census Date 08/11/2019
- Last Date to Enrol 28/10/2019
Although the ideas of cyber warfare and of computer network attack are very new, there is growing awareness of the significant issues they raise in the modern world.
The Australian Government is not alone in acknowledging the threat of cyber attacks and the need to develop cyber security capability. Accordingly, there is a strong interest, particularly among Canberra communities, in anticipating potential legal issues that might arise in cyber warfare and in consolidating knowledge as to the applicability of existing rules of international law in this particular context.
An internationally renowned international humanitarian law and weapons law scholar who has recently participated in a central role in the preparation of the Tallinn Manual on the Law of Cyber Warfare, Dr Bill Boothby has kindly agreed to visit Australia to teach this course.
The course which will identify and assess the extent to which norms of existing law can properly be applied to the peculiarities of cyber operations.
The course will draw on elements of general international law, the international law that governs the recourse to armed force and international humanitarian law, all in the specific context of cyber warfare.
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate an advanced understanding of various international law rules that apply to cyber warfare;
- Demonstrate cognitive skills to critically analyse the hypothetical cyber warfare scenarios;
- Critically analyse and evaluate international law issues arising from the employment of cyber operations; and
- Plan and execute complex legal research with independence in order to produce original scholarship with respect to legal issues arising in the context of cyber warfare.
Additional Course Costs
This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of State.
The prescribed text for this course is Tallinn Manual on the International Law Applicable to Cyber Warfare, 2013, Cambridge University Press
Or, in the alternative
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, 2017, Cambridge University Press
A list of additional materials will be available on Wattle to provide students with a list of texts from which to choose their own preferred additional reading and to assist with research.
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to whole class, groups, individuals, focus group etc
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Task submission times refer to Canberra time (AEST/AEDT).
Extensions late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Further Information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||International law – placing cyber warfare law in the context of international law as a whole, What is cyber warfare – meanings of terms, Examples of cyber warfare capabilities, Ad bellum and in bello distinguished, Quick run through targeting law, Sovereignty – cyberspace as a common, Jurisdiction over cyber equipment and activities, Sovereign immunity||Class Participation|
|2||Article 2(4) of UN Charter and the unlawful use of cyber force, Cyber armed attack, self-defence, UN Security Council action, Attribution and state responsibility, Application of LOAC to cyber operations in an armed conflict, Does cyber affect classification of an international armed conflict?, What about a non-international armed Conflict?||Class Participation|
|3||Who may participate and with what consequences?, Combatants and civilians, What are cyber attacks?, Conducting cyber attacks, distinction and precautions, Weapons, means and methods of cyber warfare, Deception, perfidy and espionage, Preparation time for presentations||Class Participation|
|4||Blockade, Zones, Persons and objects entitled to special protection, Occupation law as applied to cyber, Neutrality law applied to cyber, Reprisals in cyber warfare?, Feedback||Class Participation Think Piece|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Class Participation||10 %||31/10/2019||07/11/2019||1, 2, 3|
|Think Piece||20 %||31/10/2019||07/11/2019||1, 2, 3|
|Research essay||70 %||22/11/2019||30/11/2019||4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
For all courses taught face-to-face in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).
In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:
a. it does not exceed a maximum of 25% of the classes;
b. permission is requested in advance; and
c. the request is supported, where appropriate, by adequate documentation.
Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.
Assessment Task 1
Learning Outcomes: 1, 2, 3
Format: Student presents in class the solution to a problem discussed in a work group. The preparation of speaking notes and the presentation of the solution to the problem requires the student to have understood the material presented during the lecture, to be able to apply that material in a practical way, and to be able to articulate the preferred solution and to justify that solution.
- Ability to explain the solution clearly
- Understanding of the problem; Understanding of the applicable law
- Recognition of whether there are alternative approaches to the problem
- Willingness to mention other solutions discussed within the group with which speaker may not agree.
Assessment Task 2
Learning Outcomes: 1, 2, 3
Format: student produces a think-piece of no more than 1,200 words including footnotes addressing a topic in the course that particularly interested the student. The think-piece must be submitted on the final day of the course and is not intended to be a fully mature and researched piece.
Relationship between the Assessment Task and the Course Objectives: The think-piece demonstrates that the student has considered the material that has been taught, has developed a response on a specific issue and is able to articulate that response promptly.
Approval of Topic: The student chooses the topic.
Length: 1200 word maximum including footnotes
Due: 1600 (AEDT), Thursday 31 October. No extensions are permitted for this task.
Submission: Task must be submitted to both a Turnitin and Wattle link on the course Wattle site.
Ability to explain clearly the cyber warfare law issue being discussed, to discuss the issue briefly and to put forward clearly the student’s responses/thoughts about the issues raised.
Assessment Task 3
Learning Outcomes: 4
Relationship between the Assessment Task and the Course Objectives: The Research Essay gives the student the opportunity to address a specific topic in some depth, to show that he/she has absorbed the taught material relating to that topic, to show that he/she has researched a range of approaches to that topic and is able to discuss them, to show that he/she can analyse a problem effectively and reach sustainable solutions expressed with clarity.
Approval of Topic: choice from a listing that will be available on the first day of the course.
Length: 4200 words including footnotes
Due: 1600 (AEDT), Friday 22 November. No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded. Accordingly, students are encouraged to seek an extension if they are unexpectedly unable to submit on time.
Submission: Task must be submitted to both a Turnitin and Wattle link on the course Wattle site.
a. Understanding of the Issues
- addresses the question and covers the salient, relevant and important points;
- evidence of close consideration of the question and the research materials drawn on;
- issues raised by the topic are clearly and concisely identified;
- material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively;
b. Communication and Development of Argument
- shows a clear theme or argument;
- argument(s) logical and well-organised;
- ideas/paragraphs linked coherently;
- originality of ideas and critical analysis of the material;
- complexity and insight in dealing with theory/ideas;
- suggestions for change where appropriate;
- interdisciplinary perspective where appropriate;
- addressing opposing arguments;
- well-reasoned conclusions;
- research covering primary and secondary materials;
- good organisation of sources and ability to synthesise all the research materials used;
- use of theoretical material where appropriate;
- range of research sources;
- integration of material from research resources into the essay.
e. Presentation, style and referencing
- good use of structure, section headings and paragraphs;
- clarity and conciseness of expression, content is interesting and engaging of reader;
- use of appropriate terminology and correct grammar, syntax and spelling;
- full and accurate footnotes together with a bibliography;
- style according to Australian Guide to Legal Citation where appropriate;
- adherence to word limit.
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
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- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Air Commodore Bill Boothby (Retd) served for 30 years in the Royal Air Force Legal Branch, retiring as Deputy Director of Legal Services in July 2011. In 2009 he took a Doctorate at the Europa Universität Viadrina, Frankfurt (Oder) in Germany and published ‘Weapons and the Law of Armed Conflict’ through OUP in the same year. His second book, ‘The Law of Targeting’, appeared with the same publisher in 2012. He has been a member of Groups of Experts that addressed Direct Participation in Hostilities, that produced the HPCR Manual of the Law of Air and Missile Warfare and that produced the Tallinn Manual on the Law of Cyber Warfare. His third book, addressing Conflict Law, was published in 2014; the second edition of Weapons and the Law of Armed Conflict was published in March 2016. In 2018 he has published, with Professor W Heintschel von Heinegg, a Commentary on the US DoD Law of War Manual and has produced an edited volume on New Technologies and the Law in War and Peace. He teaches at the University of Southern Denmark and at the Geneva Centre for Security Policy. He lectures and speaks widely on international law issues.
Dr William Boothby