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Democracy and Security
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This article addresses the problem of international law enforcement within the War on Cyberterrorism. Hybrid conflicts have replaced the traditional ones, and new threats have emerged in cyberspace, which has become a virtual battlefield. Cyber threats-cybercrimes, cyberterrorism, cyberwarfare-are a major concern for Western governments, especially for the United States and the North Atlantic Treaty Organization. The international community has begun to consider cyberattacks as a form of terrorism, to which the same measures apply. Because the term "terrorism" is ambiguous and legaly undefined, there is no consensus on a definition of the derivative term "cyberterrorism", which is left to the unilateral interpretations of states. Pretending to consider the cyberspace domain as traditional domains, and claiming to apply IHL for the sole purpose of lawfully using armed forces in contrast to cyberterrorism is a stretch. This paper addresses the question of whether or not current laws of war and international humanitarian law apply to cyber domain, and gives some recommendations on how to tackle this issue.
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Baltic Journal of Law & Politics, 2017
This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.
International Cybersecurity Law Review, 2021
This is a review of two monographs on cyber operations and international law. Published in 2020, both books discuss state-sponsored cyber operations, legal frameworks with which they could be assessed, as well as legal tools to evaluate the reactions of targeted states. Regarding low-intensity cybersecurity incidents, the two books set up frames of reference very differently. Henning Lahmann's Unilateral Remedies to Cyber Operations almost exclusively focuses on the principle of nonintervention and sets it up narrowly. François Delerue's Cyber Operations and International Law proposes applying the same principle under less strict requirements, and also proposes using territorial sovereignty as an independent assessment tool. While the two books go on to examine more or less the same set of legal tools regarding the reactions of targeted states, because of the initial difference, they offer significantly different views on these tools. Nevertheless, the combined reading of the reviewed books confirms the current state of the debate on cyber operations and international law: despite the general acceptance that international law applies to cyber operations, shared understanding to make the law operational is still lacking.
This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.
2019
There are evolutions in the concept of war and cyber warfare of a state is crucial for proper state self-determination. Accordingly, there is need for original rules to govern unique characteristics that accrue to these concepts. This paper explores the cyber operations in international law and aligns them to the concept of use of force which is provided for under Article 2(4) of the UN Charter, highlighting the effects accompanied with the concepts and the urgent need for a law to restrict them.
Journal of Politics and Law
Cyber warfare represents new kinds of weapons in the present era that have the potential to change the battlefields. The different nature of these types of weapons and their ability to create massive and widespread damage to critical infrastructure of a state, subject the traditional means of resort to force to change and is indicative of the importance that the international community must come to some consensus on the meaning of cyber warfare with in the existing jus ad bellum paradigm and legislate its governing rules, On the other hand, the inherent rights of victim states in self-defense must be supported and by detailed explanations of the governing rules for the method of attribution of responsibility to governments committing cyber-attacks, actions must be taken to prevent escape of these governments from the consequences of their illegal actions. In fact, in this article with an analytical method we will examine the issue of whether cyber attacks could be considered as an a...
The Hague Program for Cyber Norms Policy Brief, 2020
This policy brief offers a comparative analysis of the positions of seven States on how international law applies to cyber operations. The scope of analysis is limited to peacetime cyber operations; questions regarding the applicability of International Humanitarian Law in cyberspace are not covered. The policy brief analyses States’ views with regard to the legal qualification of cyber operations, their attribution and the response options which States have under international law.
International Journal For Multidisciplinary Research, 2023
The issues of cyber-warfare and cyber-attacks have become problematic issues. These are very efficient and economical methods to attack any nation compared to conventional weapons. A country does not need fully trained army to wage a war these days. A country with the help of few computer engineers or hackers can attack other country and launch attacks. Such attacks could be devastating. Existing laws, such as IHL are not well equipped to handle the issue of cyber warfare. The cyber-attacks are already happening and there is every possibility that the number of cyber-attacks will increase in the near future. Computers and technology will only improve as time progresses, which is why the legal grey area of cyber warfare should be clarified in order to help nations understand and comply with international rules that will limit the potential harm that cyber weapons can have. Existing international conventions provide minimum regulatory framework to this phenomenon. It has therefore; be...
This article seeks to shed some light on the application of international humanitarian law (IHL), otherwise known as the law of armed conflict or the laws of war, to the phenomenon of cyber warfare.
IJCIET, 2018
Cyber warfare figures conspicuously on the motivation of policymakers and military pioneers far and wide. New units to guarantee cybersecurity are made at different levels of government, incorporating into the military. Be that as it may, cyber activities in equipped clash circumstances could have possibly intense outcomes, specifically when their impact isn't restricted to the information of the focused on PC framework or PC. Undoubtedly, cyber tasks are generally expected to have an impact on 'this present reality'. For example, by messing with the supporting PC frameworks, one can control an adversary's airport regulation frameworks, oil pipeline stream frameworks, or atomic plants. The potential helpful effect of some cyber activities on the non-military personnel populace is colossal. It is along these lines vital to examine the principles of International humanitarian law(IHL) that represent such activities since one of the primary destinations of this collection of law is to shield the non-military personnel populace from the impacts of warfare. The article provides an understanding of cyber-crime as a non-state cyberwarfare by analyzing and identifying the terms and catches in cyber-crime and cyberwarfare, while comparing different cases and studies around the globe, challenges, issues and the precautions in the implementation of an international humanitarian law. The article goes ahead to take a gander at probably the most essential standards of IHL overseeing the lead of dangers and the translation in the cyber domain of those guidelines, in particular, the standards of qualification, proportionality, and safety measure. As for these principles, the cyber domain suggests various conversation starters that are as yet open. Specifically, the interconnectedness of cyberspace represents a test to the most key commence of the tenets on the direct of dangers, to be specific that regular citizen and military articles can and should be Cyber-Terrorism as A Non-State Cyber Warfare: An Overview http://www.iaeme.com/IJCIET/index.asp 860 editor@iaeme.com recognized constantly. In this way, regardless of whether the customary standards of IHL will give adequate security to regular citizens from the impacts of cyber warfare stays to be seen. Their understanding will positively need to consider the specificities of cyberspace. Without better learning of the potential impacts of cyber warfare, it can't be barred that more stringent standards may be essential.
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