Cyber attacks and the need to respect the basic principles of humanitarian law in them

Subject Areas : International Legal Research

Azar Givkey ¹ , Mohammad Ali Kafaeifar ² , Mohammad Taghi Rezaei ³

1 - PhD candidate in Public international law,factualy of humanities,Qom Branch, Islamic Azad University, Qom, Iran.
2 - Assistant Professor of public international law, Department,Factualy of Humanities,Qom Branch, Islamic Azad University, Qom, Iran.
3 - Assistant Professor of Departnent of law,Factualy of social sciences,Payam Noor University, Tehran, Iran.

Received: 2019-06-26 Accepted : 2021-09-23 Published : 2021-03-21

Keywords: Cyberspace, Humanitarian law, Principles of Humanitarian Law, Cyber Warfare, Cyber Attacks,

Abstract :

Along with the increasing progress of communication sciences and information technology, we are witnessing the change of battlefields, from land to its traditional sense to land in the virtual sense, and the use of force and hostile actions in cyberspace through cyber attacks. Cyber-attacks, like other attacks in traditional ways, have been identified as a manifestation of the coercion of countries against each other, and given their destructive and sometimes catastrophic effects, the need to adhere to the principles and rules of international humanitarian law seems clear. Arrives. In this research, an attempt has been made to describe the basic principles of international humanitarian law in relation to cyber attacks and wars from a descriptive-analytical point of view, after defining the basic principles of international humanitarian law and reviewing Tallinn's guidelines as a document. Non-binding In order to customize the international law related to cyber attacks, the necessity of observing these principles has been proven according to the predictable conditions in cyber attacks and to generalize these basic principles to cyber attacks.