The Lawfare Podcast Lawfare Archive: CYBERCOM Legal Conference: The Role of the Private Sector in Conflict
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Oct 26, 2025 In this insightful discussion, Jonathan Horowitz from the International Committee of the Red Cross, Lori Blank from the Department of Defense, and Adam Hickey from Mayer Brown delve into the intersection of the private sector and conflict. They explore the importance of pre-crisis coordination, the complexities of attribution in cyber space, and corporate decision-making during crises. Horowitz highlights ICRC's concerns about digital reliance, while Blank emphasizes the stabilizing role of international law. The panel underscores the need for clear communication and shared vocabulary for effective collaboration.
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Private Sector's Complex Risk Landscape
- Companies face a patchwork of legal, regulatory, and reputational constraints that shape how they share data with governments.
- These constraints make some firms cooperative partners while others are unprepared for government requests.
Include Legal Early
- Avoid bypassing in-house legal when seeking private-sector cooperation with government.
- Keep legal counsel fully informed to prevent surprises and reputational harm.
IHL Provides Predictability
- International law sets thresholds (retorsion, countermeasures, use of force) that frame state responses and expectations.
- Shared awareness between states and companies helps avoid unintended escalation.