scholarly journals Attribution of cyber operations: an international law perspective on the Park Jin Hyok case

2020 ◽  
Vol 9 (1) ◽  
pp. 51-75
Author(s):  
Tomohiro Mikanagi ◽  
Kubo Mačák
Keyword(s):  
International Law ◽  
Alternative Pathway ◽  
The United States ◽  
Lessons Learned ◽  
Due Diligence ◽  
Standard Of Proof ◽  
Probative Value ◽  
High Profile ◽  
International Responsibility ◽  
Key Aspects

States are increasingly willing to publicly attribute hostile cyber operations to other States. Sooner or later, such claims will be tested before an international tribunal against the applicable international law. When that happens, clear guidance will be needed on the methodological, procedural and substantive aspects of attribution of cyber operations from the perspective of international law. This article examines a recent high-profile case brought by the United States authorities against Mr Park Jin Hyok, an alleged North Korean hacker, to provide such analysis. The article begins by introducing the case against Mr Park and the key aspects of the evidence adduced against him. It then considers whether the publicly available evidence, assuming its accuracy, would in principle suffice to attribute the alleged conduct to North Korea. In the next step, this evidence is analysed from the perspective of the international jurisprudence on the standard of proof and on the probative value of indirect or circumstantial evidence. This analysis reveals the need for objective impartial assessment of the available evidence and the article thus continues by considering possible international attribution mechanisms. Before concluding, the article considers whether the principle of due diligence may provide an alternative pathway to international responsibility, thus mitigating the deficiencies of the existing attribution law. The final section then highlights the overarching lessons learned from the Park case for the attribution of cyber operations under international law, focusing particularly on States' potential to make cyberspace a more stable and secure domain through the interpretation and development of the law in this area.

International Responsibility of State for the Acts of an Unsuccessful Insurrectional Movement: Case of ISIS in Iraq

2021 ◽  
pp. 1-24
Author(s):  
Hojjat Salimi Turkamani
Keyword(s):  
International Law ◽  
Prime Minister ◽  
Main Question ◽  
Due Diligence ◽  
Government Officials ◽  
International Responsibility

Abstract ISIS, as an insurgent movement, announced its presence in Iraq in 2013, and, after extensive military and non-military activities in the country, its suppression was officially declared by the Prime Minister in 2017. The main question is whether the actions of this failed insurgent movement can be attributed to Iraq under international law of responsibility? This study shows that, since the Iraqi Government has taken due diligence to suppress the movement and prosecute its members, and has not granted amnesty, acts of ISIS are not attributed to it. But governmental acts of ISIS including legislative, executive and judicial ones can be attributed to state if they has taken in absence or default of government officials and in response to a request for such acts. Some of ISIS’s acts in Iraq especially in Mosul have these characteristics and are accordingly attributed to Iraq.

scholarly journals Legal instability in cyberspace and OSCE’s mitigation role

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Adina PONTA
Keyword(s):  
Human Rights ◽  
International Law ◽  
Lessons Learned ◽  
Due Diligence ◽  
Conflict Prevention ◽  
Open Questions ◽  
The Creation ◽  
Key Steps

After the international legal community widely endorsed the application of international law to cyberspace, many open questions remain on the concrete interpretation of existing rights and obligations to the cyber realm. In pursuit of its mandate to promote human rights and conflict prevention, the OSCE can play a major role to support operationalization of international law and application of existing principles to cyberspace. This paper examines some key steps in the aftermath of the creation of norms of behavior, and transparency and confidence-building measures. After a brief analysis of the normcreation process, this piece identifies several pressing cybersecurity challenges on the international landscape, and offers suggestions for consolidating the voluntary non-binding norms States agreed upon. Using lessons learned from other domains, the analysis will focus on mechanisms of building further stability and transparency in cyberspace, in particular by reference to the due diligence principle and States’ human rights obligations.

Trump’s Jerusalem move may undermine his Iran policy

2017 ◽  
Keyword(s):  
United States ◽  
Stock Market ◽  
International Law ◽  
The United States ◽  
International Community ◽  
State Solution ◽  
Short Term ◽  
Content Type ◽  
High Profile ◽  
East Jerusalem

Significance Previously, the United States, like the rest of the international community, had held that the question of Jerusalem's status was an issue for final-status negotiations between Israel and the Palestinians. After taking East Jerusalem in the 1967 war, Israel declared the whole city as its “indivisible” capital; however, its settlements there are not recognised under international law. Impacts A two-state solution to the Israeli-Palestinian issue will become even more unlikely. Trump's high-profile gesture will shore up the domestic position of the Israeli premier. Fears of Palestinian violence could put short-term pressure on Israel’s currency and stock market. Trump will cement his appeal to core supporters (further helped by the anger of ideological opponents).

The Settlement of Mexican Claims Act of 1942

1943 ◽  
Vol 37 (2) ◽  
pp. 222-232 ◽  
Author(s):  
Herbert W. Briggs
Keyword(s):  
United States ◽  
International Law ◽  
State Department ◽  
The United States ◽  
The State ◽  
Time Limit ◽  
Department Of State ◽  
Mexican Government ◽  
International Responsibility ◽  
To Receive

With the enactment on December 19, 1942, of the misnamed “Settlement of Mexican Claims Act of 1942,” American nationals with claims based upon the international responsibility of Mexico for acts or omissions in contravention of international law appear likely to receive long-delayed satisfaction. Some of the claims are more than 60 years old. Awards were made by the United States-Mexican General Claims Commission in favor of some of the claimants more than 15 years ago, but to date no money has been paid to the beneficiaries of these awards. Various factors appear to have made this claims arbitration one of the most dilatory, inefficient, and unfortunate in our history. Claimants were notoriously lax in presenting evidence to the State Department, although in some cases they appear to have been hindered by the Mexican Government from obtaining necessary evidence in Mexico. The preambles to three conventions extending the life of the General Claims Commission allege that “it now appears” or “it has been found” that the Commission could not hear, examine, and decide the claims within the time limit fixed; but Judge Fred K. Nielsen, American Commissioner on that court, has pointed out with some vigor that it was not the Commission, so much as the failure of American counsel and the Department of State, to prepare cases for presentation to the Commission, which caused the delay and paucity of decisions. Resignations of Commissioners, protracted delays in replacing them, antagonisms between Commissioners, and lack of cooperation by the Mexican Government were other factors contributing to the 19-year delay in effecting a settlement.

United States: Comments on the Draft Articles on State Responsibility

1998 ◽  
Vol 37 (2) ◽  
pp. 468-487
Keyword(s):  
United States ◽  
International Law ◽  
Dispute Settlement ◽  
The United States ◽  
The State ◽  
State Responsibility ◽  
Customary International Law ◽  
International Responsibility ◽  
The Law

The United States agrees with the Commission that a statement of the law of state responsibility must provide guidance to states with respect to the following questions:When does an act of a state entail international responsibility? What actions are attributable to the state? What consequences flow from a state'sviolation of its international responsibility? Customary international law provides answers to these questions, but the Commission has in many instances not codified such norms but rather proposed new substantive rules. In particular, the sections on countermeasures, crimes, dispute settlement, and state injury contain provisions that are not supported by customary international law.

Diligentia quam in suis as a Technique for a Contextual Application of the Full Protection and Security Standard: Considering the Level of Development of Host States in International Investment Law

2020 ◽  
Vol 28 (4) ◽  
pp. 596-611
Author(s):  
Nitish Monebhurrun
Keyword(s):  
International Law ◽  
International Investment ◽  
Due Diligence ◽  
Foreign Investors ◽  
International Investment Law ◽  
Local Means ◽  
Security Standard ◽  
Maximum Protection ◽  
Investment Law ◽  
Full Protection

With international investment law as the background to this study, the present article examines how the full protection and security standard can be construed from the perspective of developing states hosting foreign investments. The research delves into classical public international law to argue that the diligentia quam in suis rule can be used as a means of interpretation to strike a balance between foreign investors’ and developing states’ interests when construing the full protection and security standard. The rule provides that any expected due diligence from the state party is necessarily of a subjective nature. This means that developing host states must deploy their best efforts to offer maximum protection to foreign investors not on an in abstracto basis but as per their local means and capacity. Accordingly, the standard is presented as an adaptable and flexible one which moulds its contours as per the level of development of the host state. Such flexibility does not imply condoning states’ abuse and negligence. The article explains how the diligentia quam in suis rule enables a conciliation between the full protection and security standard and the host state's level of development while rationalising the standard's application to developing nations.

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

Characteristics of Physician Relocation Following Hurricane Katrina

2009 ◽  
Vol 95 (1) ◽  
pp. 6-12
Author(s):  
Kusuma Madamala ◽  
Claudia R. Campbell ◽  
Edbert B. Hsu ◽  
Yu-Hsiang Hsieh ◽  
James James
Keyword(s):  
Hurricane Katrina ◽  
Gulf Coast ◽  
General Medicine ◽  
The United States ◽  
Lessons Learned ◽  
Bivariate Analysis ◽  
Fisher Exact Test ◽  
Exact Test ◽  
Factors Associated ◽  
The Impact

ABSTRACT Introduction: On Aug. 29, 2005, Hurricane Katrina made landfall along the Gulf Coast of the United States, resulting in the evacuation of more than 1.5 million people, including nearly 6000 physicians. This article examines the relocation patterns of physicians following the storm, determines the impact that the disaster had on their lives and practices, and identifies lessons learned. Methods: An Internet-based survey was conducted among licensed physicians reporting addresses within Federal Emergency Management Agency-designated disaster zones in Louisiana and Mississippi. Descriptive data analysis was used to describe respondent characteristics. Multivariate logistic regression was performed to identify the factors associated with physician nonreturn to original practice. For those remaining relocated out of state, bivariate analysis with x2 or Fisher exact test was used to determine factors associated with plans to return to original practice. Results: A total of 312 eligible responses were collected. Among disaster zone respondents, 85.6 percent lived in Louisiana and 14.4 percent resided in Mississippi before the hurricane struck. By spring 2006, 75.6 percent (n = 236) of the respondents had returned to their original homes, whereas 24.4 percent (n = 76) remained displaced. Factors associated with nonreturn to original employment included family or general medicine practice (OR 0.42, 95 percent CI 0.17–1.04; P = .059) and severe or complete damage to the workplace (OR 0.24, 95 percent CI 0.13–0.42; P < .001). Conclusions: A sizeable proportion of physicians remain displaced after Hurricane Katrina, along with a lasting decrease in the number of physicians serving in the areas affected by the disaster. Programs designed to address identified physician needs in the aftermath of the storm may give confidence to displaced physicians to return.

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