A persistent legal issue is when peacetime cyber operations constitute a prohibited use of force under Article 2(4) of the United Nations (UN) Charter. A consensus has arisen that certain cyber operations will constitute a use of force but it is hard to know in advance the criteria states will employ to decide which. Various analytic frameworks were developed, but that was largely before there were real world examples; thus they were theoretical. The Schmitt analytic approach to characterizing cyber operations was especially notable, but an examination of the Stuxnet attack on Iran in 2010 and other state and proxy cyber operations beginning in 2007 and replacing theory with reality brings out flaws in it. Nevertheless, a conclusion the frameworks share is that cyber operations resulting in physical damage or injury will almost always be regarded as a use of force.

America champions the rule of law and must maintain that moral stance in its international dealings and retain the clarity of an unambiguous chain of command. The Abbottabad raid on Osama bin Laden’s compound highlighted the dangers and vagaries of departing from the traditional military chain of command. The Secretary of Defense was taken out of the chain and the CID Director was inserted. In contrast, the rescue of a U.S. citizen in Somalia was carried out secretively but not covertly by joint forces under military command, maintaining individual Servicemember protections that may be forfeit in the gray zone of questionable legality. National authorities should reconsider the rejection of the 9/11 Commission’s recommendation that DOD be responsible for paramilitary covert actions, and when DOD acts in that capacity, the operation should be carried out as a traditional military operation with a military chain of command.

In 2012, the 6th annual competition was intended to stimulate new approaches to coordinated civilian and military action from a broad spectrum of civilian and military students. Essays were to address U.S. Government structure, policies, capabilities, resources, and/or practices and to provide creative, feasible ideas on how best to orchestrate the core competencies of our national security institutions. The NDU Foundation awarded the first place winner a generous gift certificate from Amazon.com.