Investigation of the Ways to Reduce Cyberattacks from the Perspective of the International Humanitarian Law
Subject Areas : Legal Studies of Cyberspace
hadi mahmoodi
1
(Department of Law, Faculty of Law, Islamic Azad University, Najafabad Branch, Isfahan)
Alireza Ansari mahyari
2
(Assistant Professor of International Law, Faculty of Law, Theology and Islamic Studies, Islamic Azad University, Najafabad Branch. Isfahan-Iran)
Keywords: Cyberspace, Cyber-Attacks, international humanitarian law, Cyber Warfare, Armed Warfare,
Abstract :
Human progress in various political and social fields creates new opportunities and challenges. One of such challenges is cyber-attacks which are considered as a threat to human life due to the increasing development of technology and the development of virtual space in different parts of the world. The purpose of the present article is to examine the ways to reduce cyber-attacks from the perspective of the International Humanitarian Law. This article is conducted employing descriptive-analytical method. The results of the investigations led the authors to reach the conclusion that the rules and regulations of International Humanitarian law do not cover the entire framework of cyber war and cyber-attack but, due to the existential philosophy of humanitarian law, it covers civilian protection as well as other principles such as the Principles of Proportionality and Distinction and, therefore, these principles and regulations still remain applicable and, wherever there are no regulations, it is necessary to refer to the Customary International Humanitarian Law, and in particular situations, the International Humanitarian Law itself must be implemented and applied. On the other hand, due to the lack of consensus of the international community and ambiguity in implementation of some of these principles and rules, with the gradual development in the field of current contractual and customary rules, even the existing ambiguities can also be resolved
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