Julian G. Ku

Biography: 

Julian Ku is the Maurice A. Deane Professor of Constitutional Law at Hofstra University in Hempstead, New York.

 

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Analysis and Commentary

Tentative Observations On China’s Views On International Law And Cyber Warfare

by Julian G. Kuvia Lawfare
Saturday, August 26, 2017

As I noted in my post yesterday, the Chinese government has declined to clarify how and whether it believes the international law governing the use of applies to cyber warfare. Its refusal to do so has drawn sharp criticism from the U.S. and other cyber powers. But while the Chinese government has not set forth a clear statement on these issues, Chinese scholars and media commentators have outlined important principles that may become part of official government policy. 

Analysis and Commentary

Forcing China To Accept That International Law Restricts Cyber Warfare May Not Actually Benefit The U.S.

by Julian G. Kuvia Lawfare
Friday, August 25, 2017

This past June, after U.N.-sponsored negotiations on the application of international law to cyber warfare collapsed, lead U.S. negotiator Michele Markoff released a blistering statement criticizing those that “believe their states are free to act in or through cyberspace to achieve their political ends with no limits or constraints on their actions. That is a dangerous and unsupportable view.”

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How China’s Views on the Law of Jus ad Bellum Will Shape Its Legal Approach to Cyberwarfare

by Julian G. Kuvia Aegis Paper Series
Thursday, August 17, 2017

This paper concludes that the Chinese government has adopted a strict positivist reading of the UN Charter’s limitations on the use of force that brooks no exceptions for humanitarian interventions and with a narrowly construed exception for self defense. Since China has not shown any willingness to abandon this legal approach to the law of jus ad bellum codified in the Charter, it is unlikely that China will embrace the US legal approach to cyberwarfare. Rather, China will probably use its restrictive reading of the UN Charter to garner political support among other countries to criticize and deter offensive US cyberwarfare.  This sharp divide between the US and Chinese legal positions calls into question the efficacy of longstanding US government efforts to convince China to accept and apply international law to cyberwarfare.  

Analysis and Commentary

Submission to the ICC on Jurisdiction and the Palestinian Declaration

by David Davenport, Kenneth Anderson, Edwin Meese III, Abraham D. Sofaer, Julian G. Kuvia Advancing a Free Society
Tuesday, May 31, 2011

Here is a letter to Luis Moreno-Ocampo, Prosecutor, International Criminal Court...