Gary Corn

Olney Mill, Maryland, United States Contact Info
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United States Army War College

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Strategic legal and policy advisor, skilled litigator, and proven counselor and advocate…

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  • Law and Forensics

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Publications

  • Cyber National Security: Navigating Gray Zone Challenges In and Through Cyberspace

    Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare (Oxford Un. Press)

    This chapter, written for the Lieber Institute for Law and Land Warfare's book on Complex Battlespaces, addresses a sampling of the myriad complex legal questions implicated by cyber operations conducted outside the context of armed hostilities. In such a rapidly evolving environment, the development of legal and policy parameters for governing state behavior in cyberspace—domestically and internationally—have failed to keep pace with the threat. Legal advisors charged with reviewing and…

    This chapter, written for the Lieber Institute for Law and Land Warfare's book on Complex Battlespaces, addresses a sampling of the myriad complex legal questions implicated by cyber operations conducted outside the context of armed hostilities. In such a rapidly evolving environment, the development of legal and policy parameters for governing state behavior in cyberspace—domestically and internationally—have failed to keep pace with the threat. Legal advisors charged with reviewing and advising on the legality of cyber operations are continuously called on to address difficult issues of first impression. This chapter identifies and considers some of the more challenging domestic and international legal issues raised by the conduct of cyber operations in the gray zone between peace and war. The chapter offers a brief description of the gray-zone concept, followed by a description of the cyberspace domain and the general nature of cyber operations before turning to a selective review of the domestic U.S. and international law challenges to conducting gray-zone cyber operations.

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  • The Use of Force and Cyber Countermeasures

    32 Temple International & Comparative Law Journal 127 (2018)

    In a global environment where most unfriendly acts between nations fall below the threshold of a use of force, the doctrine of countermeasures can be an important tool for states. However, in the realm of cyber operations, the rules governing the application of countermeasures result in unrealistic constraints on states. Particularly when compared with the much lesser constraints on the exercise of self-defense, limitations such as the prohibitions on anticipatory and collective…

    In a global environment where most unfriendly acts between nations fall below the threshold of a use of force, the doctrine of countermeasures can be an important tool for states. However, in the realm of cyber operations, the rules governing the application of countermeasures result in unrealistic constraints on states. Particularly when compared with the much lesser constraints on the exercise of self-defense, limitations such as the prohibitions on anticipatory and collective countermeasures, the requirement to provide prior notice, and the unavailability of countermeasures to confront non-state actors highlight this imbalance. Cyber countermeasures are uniquely situated to become an effective means of countering cyber threats and remedying violations of international law, but the limitations disincentivize states from employing them and encourage resort to more aggressive responses by redefining opposing state and non-state actions as more serious to avoid such limitations and provide greater freedom of action. Relaxing the limitations on cyber countermeasures is one way to allow states to take more proportional and less forceful actions to prevent otherwise illegal acts, and bring violators back into compliance.

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  • The Law of Armed Conflict Implications of Covered or Concealed Cyber Operations – Perfidy, Ruses, and the Principle of Passive Distinction

    The Impact of Emerging Technologies on the Law of Armed Conflict (Oxford Un. Press)

    This chapter address the complex Law of War issues of distinction as applied to cyber operations. Cyberspace is now widely recognized as an operational domain of conflict and states are adopting cyber capabilities and operational constructs as means and methods of warfare at an increasing rate. Owing to the nature of this new and unique domain, operations security is at a premium. The use of cover and concealment and, at some level, the deception inherent thereto directly implicates in novel…

    This chapter address the complex Law of War issues of distinction as applied to cyber operations. Cyberspace is now widely recognized as an operational domain of conflict and states are adopting cyber capabilities and operational constructs as means and methods of warfare at an increasing rate. Owing to the nature of this new and unique domain, operations security is at a premium. The use of cover and concealment and, at some level, the deception inherent thereto directly implicates in novel ways the traditional LOAC rules designed to ensure respect for the principle of honor in the conduct of hostilities and to protect civilians and civilian objects from the dangers of war. These rules must be interpreted in light of the unique aspects of cyberspace and the distinctive challenges it poses. A better understanding of how the cardinal principle of distinction and the LOAC rules meant to implement it awaits elucidation through state practice and opinion. In the meantime, thoughtful discussion and detailed analysis of the issues of perfidy, ruses, and the passive precautions rule are necessary to ensure that the spirit and intent of the LOAC are properly balanced against military necessity.

    Other authors
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  • The Technicolor Zone of Cyberspace - Part II

    Just Security

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  • The Technicolor Zone of Cyberspace - Part I: Analyzing the major U.K. speech on international law of cyber

    Just Security

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  • Sovereignty in the Age of Cyber

    American Journal of International Law (Unbound)

    International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to…

    International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states’ cyber activities.

    Other authors
    • Robert Taylor
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  • Tallinn 2.0 – Advancing the Conversation

    Just Security

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  • Should the Best Offense Ever Be a Good Defense: The Public Authority to Use Force in Military Operations: Recalibrating the Use of Force Rules in the Standing Rules of Engagement

    Vanderbilt Journal of Transnational Law

    The Chairman of the Joint Chiefs of Staff's Standing Rules of Engagement/Standing Rules for the Use of Force (SROE/SRUF) for U.S. Forces provides strategic guidance to the armed forces on the authority to use force during all military operations. The standing self-defense rules in the SROE for national, unit, and individual self- defense form the core of these use-of-force authorities. The SROE self- defense rules are incorrectly built on a unitary jus ad bellum framework, legally inapplicable…

    The Chairman of the Joint Chiefs of Staff's Standing Rules of Engagement/Standing Rules for the Use of Force (SROE/SRUF) for U.S. Forces provides strategic guidance to the armed forces on the authority to use force during all military operations. The standing self-defense rules in the SROE for national, unit, and individual self- defense form the core of these use-of-force authorities. The SROE self- defense rules are incorrectly built on a unitary jus ad bellum framework, legally inapplicable below the level of national self- defense. Coupled with the pressures of sustained counter-insurgency operations, this misalignment of individual and unit self-defense authorities has led to a conflation of self-defense principles and offensive targeting authorities under the Law of Armed Conflict. In order to reverse this trend and realign individual and unit self-defense with governing legal frameworks, this Article considers self-defense through the lens of the public authority justification to better reflect the status of servicemembers as state actors whose actions are subject to the domestic and international legal obligations of the state.

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  • Developing Rules of Engagement: Operationalizing Law, Policy, and Military Imperatives at the Strategic Level

    US Military Operations: Law, Policy, and Practice (Oxford Un. Press)

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  • Targeting and the Law of Armed Conflict

    US Military Operations: Law, Policy, and Practice, (Oxford Un. Press, 2015)

    Other authors
    • Winston Williams
    • James Dapper
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  • The Law of Operational Targeting: Viewing the LOAC Through an Operational Lens

    47 Texas Int’l Law Journal 337

    Understanding how air and missile warfare is planned, executed, and regulated requires more than just an understanding of relevant LOAC provisions. In U.S. practice (and that of many other countries), air and missile warfare is one piece of a broader operational mosaic of law and military doctrine related to the joint targeting process. Air and missile warfare is embedded within this broader targeting process. Accordingly, a genuine understanding of the law of air and missile warfare…

    Understanding how air and missile warfare is planned, executed, and regulated requires more than just an understanding of relevant LOAC provisions. In U.S. practice (and that of many other countries), air and missile warfare is one piece of a broader operational mosaic of law and military doctrine related to the joint targeting process. Air and missile warfare is embedded within this broader targeting process. Accordingly, a genuine understanding of the law of air and missile warfare necessitates understanding how the LOAC influences and is integrated within this targeting process.

    How operational commanders select, attack, and assess potential targets and how the LOAC reflects the logic of military doctrine related to this process is therefore the objective of this Essay. To achieve this ‘objective’, the authors will focus on a recent decision by the International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Gotovina. Although the military operation at the center to this case involved only limited use of air and missile warfare, the Tribunal’s extensive focus on the use of artillery and rocket attacks provides a useful and highly relevant illustration of why understanding the interrelationship between law and military doctrine is essential for the logical and credible development of the law. The author’s therefore seek to ‘exploit’ this case as an opportunity to expose the reader to this interrelationship, an interrelationship equally essential to the effective evolution of the law of air and missile warfare.

    Other authors
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  • After Action Review (AAR) of Attendance at the Brazilian Army Command and General Staff College

    402 The Army Law. 53

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  • Book Review: Ghost Soldiers: The Forgotten Epic Story of World War II's Most Dramatic Mission

    170 Military Law Review 235

  • The Appellate Process in Spain

    Arbitration in Spain, (Butterworths, 1991)

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  • Portuguese

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