The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century

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 consider...

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Main Author: Faga Hemen Philip
Format: Article
Language:English
Published: Sciendo 2017-06-01
Series:Baltic Journal of Law & Politics
Subjects:
Online Access:https://doi.org/10.1515/bjlp-2017-0001
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spelling doaj-be00d30c86fe4942a4fc7dcd8bc8276a2021-09-05T20:42:31ZengSciendoBaltic Journal of Law & Politics2029-04542017-06-0110113410.1515/bjlp-2017-0001bjlp-2017-0001The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st CenturyFaga Hemen Philip0Ebonyi State University, Faculty of Law (Nigeria)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.https://doi.org/10.1515/bjlp-2017-0001transnational cyber threatscybercrimescyber-attackcyber warfare21st century
collection DOAJ
language English
format Article
sources DOAJ
author Faga Hemen Philip
spellingShingle Faga Hemen Philip
The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century
Baltic Journal of Law & Politics
transnational cyber threats
cybercrimes
cyber-attack
cyber warfare
21st century
author_facet Faga Hemen Philip
author_sort Faga Hemen Philip
title The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century
title_short The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century
title_full The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century
title_fullStr The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century
title_full_unstemmed The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century
title_sort implications of transnational cyber threats in international humanitarian law: analysing the distinction between cybercrime, cyber attack, and cyber warfare in the 21st century
publisher Sciendo
series Baltic Journal of Law & Politics
issn 2029-0454
publishDate 2017-06-01
description 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.
topic transnational cyber threats
cybercrimes
cyber-attack
cyber warfare
21st century
url https://doi.org/10.1515/bjlp-2017-0001
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