Virtual Library

Our virtual library is an online repository of all of the reports, papers, and briefings that IST has produced, as well as works that have influenced our thinking.

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Reports

Information Sharing in the Ransomware Payment Ecosystem: Exploring the Delta Between Best Practices and Existing Mechanisms

Zoë Brammer

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Memo

Roadmap to Potential Prohibition of Ransomware Payments

Ransomware Task Force Co-Chairs

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Reports

Unlocking U.S. Technological Competitiveness: Evaluating Initial Solutions to Public-Private Misalignments

Ben Purser, Pavneet Singh

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Reports

Public Private Partnerships to Combat Ransomware: An inquiry into three case studies and best practices

Elizabeth Vish, Georgeanela Flores Bustamante

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Reports

Unlocking U.S. Technological Competitiveness: Public-Private Misalignments in Biotechnology, Energy, and Quantum Sectors

Ben Purser, Pavneet Singh

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Reports

Effects of Electromagnetic Pulses on Communication Infrastructure: An IST Primer

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Reports

How Does Access Impact Risk? Assessing AI Foundation Model Risk Along a Gradient of Access

Zoë Brammer, along with contributors from the AI Foundation Model Access Working Group

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We also welcome additional suggestions from readers, and will consider adding further resources as so much of our work has come through crowd-sourced collaboration already. If, for any chance you are an author whose work is listed here and you do not wish it to be listed in our repository, please, let us know.

SUBMIT CONTENT

Law, Targeting and Nuclear Weapons

William H. Boothby

SUMMARY

The prohibition of the threat or use of force in article 2(4) of the UN Charter applies to nuclear weapons as it does to conventional uses of force. Likewise, an armed attack giving rise to the right to use force in self defence might take the form of a nuclear strike. It is the scale and effects of the nuclear strike that will determine its classification as a use of force and armed attack. The principle of distinction and linked rules of the law of targeting also apply to nuclear operations. The legal position differs as between States that are or are not party to API and as between such States party that did or did not make nuclear statements when ratifying the treaty. For all States, there is an obligation to take constant care in nuclear operations to spare civilians and civilian objects. More detailed precautionary rules apply to all States with certain additional rules only applying to States that are party to API and that made no nuclear statement. States adopt numerous measures to disseminate this body of law and international engagement seems to be the best approach for promoting international compliance.

In this essay, Bill Boothby observes: “For all States, there is an obligation to take constant care in nuclear operations to spare civilians and civilian objects. More detailed precautionary rules apply to all States with certain additional rules only applying to States that are party to API and that made no nuclear statement. States adopt numerous measures to disseminate this body of law. International engagement seems to be the best approach for promoting international compliance.”

This paper is accompanied by a Fourth Leg podcast: Are All Legal Bets Off

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