Attribution of Cyber Attacks for Classification of Armed Conflicts in International Humanitarian Law

2020 ◽  
Vol 37 (2) ◽  
pp. 119-141
Author(s):  
국제인도법상 무력충돌의 분류를 위한 사이버 공격의 귀속 연구 Shin
Keyword(s):  
Cyber Attacks ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law

scholarly journals The Fight Against the Islamic State andJus in Bello

2016 ◽  
Vol 29 (3) ◽  
pp. 827-852 ◽  
Author(s):  
VAIOS KOUTROULIS
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Islamic State ◽  
Humanitarian Law ◽  
Applicable Law ◽  
State Actor ◽  
Scope Of Application ◽  
Geographical Scope

AbstractThis article examines several questions relating to international humanitarian law (jus in bello) with respect to the conflicts against the Islamic State. The first question explored is the classification of conflicts against the Islamic State and the relevant applicable law. The situation in Iraq is a rather classic non-international armed conflict between a state and a non-state actor with third states intervening alongside governmental forces. The situation in Syria is more controversial, especially with respect to the coalition's airstrikes against the Islamic State on Syrian territory. If the Syrian government is considered as not having consented to the coalition's operations, then, according to this author's view, the coalition is involved in two distinct armed conflicts: an international armed conflict with the Syrian government and a non-international armed conflict with the Islamic State. The second question analyzed in the article bears on the geographical scope of application of international humanitarian law. In this context, the article examines whether humanitarian law applies: in the entire territory of the state in whose territory the hostilities take place, in the territories of the intervening states, and in the territory of a third state.

2 Classification of Armed Conflicts

2020 ◽  
Author(s):  
Akande Dapo
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Group ◽  
Internal Conflicts ◽  
Foreign Intervention ◽  
History Of ◽  
Legal Concepts

This chapter provides an overview of the rules by which situations of violence are classified as international armed conflicts (IACs) or non-international armed conflicts (NIACs) for the purposes of international humanitarian law. The chapter commences with an examination of the history of the distinction between these two types of conflict. It then considers the consequences of the distinction and whether it still has validity. The chapter then discusses legal concepts relevant to the two categories, and examines the criteria for the existence of IACs and NIACs. The final sections of the chapter turn to the situations where it is most difficult to classify situations of violence: cases of foreign intervention in internal conflicts; conflicts in which multinational forces are engaged; and transnational conflicts between a state and a non-state armed group.

Application of the Principles of International Humanitarian Law (Principles of Distinction, Proportionality, and Precaution) to Armed Conflicts in Cyberspace

2021 ◽  
Vol 8 (3) ◽  
pp. 73-90
Author(s):  
Sergei Yu. Garkusha-Bozhko
Keyword(s):  
Information Technologies ◽  
Technology Development ◽  
Global Scale ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Technical Equipment ◽  
Humanitarian Law ◽  
Cyber Attack

Information technology development in the modern world affects all spheres of human activity on a global scale, including the sphere of military activities of States. The current level of military information technologies development allows us to talk about a possible new theater of military operations, namely, cyberspace. In this regard, it is necessary to analyze the problem of applying the principles of international humanitarian law (IHL), in particular the principles of distinction, proportionality, and precaution, to armed conflicts in cyberspace, which is the subject of this article. However, the application of the basic principles of this branch of international law in cyberspace raises a number of problematic issues that require in-depth research, specifically the application of principles of IHL to cyberspace. The research of such issues is the purpose of this article. Based on the results of this research, the author came to the following conclusions: 1) the application of the principle of distinction in cyberspace is unlikely to ensure the protection of dual-use objects. More important for the protection of such objects in cyberspace is the principle of proportionality; 2) whether IT companies that supply technical equipment and software for military needs qualify as a military facility depends on how much such a company is involved in procurement activities; 3) objects in cyberspace that support the military potential of a state are not military objects; 4) social networks are not military targets; 5) in the context of an armed conflict in cyberspace, the parties to such conflicts have a duty to carefully check the cyber means used in a cyber-attack for compliance with the prohibition of attacks of an indiscriminate nature; 6) the issue of taking precautionary measures against cyber-attacks and their consequences is at the stage of developing state practices. However, it should be assumed that this fact does not negate the obligation of States to take such measures in the event of cyber-attacksthis obligation lies with the States due to the application of the principles of IHL to cyberspace.

scholarly journals International Humanitarian Law: Attack of the Binary Bullet?

2016 ◽  
Vol 9 (4) ◽  
pp. 110
Author(s):  
Helen Wilson ◽  
Patrick van Esch
Keyword(s):  
Computer Networks ◽  
Mobile Device ◽  
Large Scale ◽  
Computer Systems ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Computer Keyboard

<p>Cyberspace has emerged as the 5th domain combat zone from which large scale cyber-attacks are launched at an adversary anonymously in milliseconds, by a single stroke on a computer keyboard or mobile device. Such cyber-warfare operations deliberately seek to deceive, degrade, destroy or disrupt computer systems and networks in a battle-space that transcends borders, under the shroud of secrecy to the attacker’s identity or source (Herbert, 2012). Unlike past armed conflicts between nations, conventional weaponry, warring combatants and military objectives were readily identifiable features of the conflict. Cyber-warfare, is asymmetric and can be deceptively and expeditiously instigated by States, Non-State actors, organised groups or sole operators targeting computer networks (e.g. Estonian attack in 2007, Stuxnet attack in 2010).</p>

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

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