2019
Legal Constraints on Cyber Weapons
KUDLÁČKOVÁ, IvanaBasic information
Original name
Legal Constraints on Cyber Weapons
Authors
KUDLÁČKOVÁ, Ivana (203 Czech Republic, guarantor, belonging to the institution)
Edition
Tallinn, Proceedings of the 5th Interdisciplinary Cyber Research conference 2019, p. 48-49, 2 pp. 2019
Publisher
Tallinn University of Technology, Department of Software Science
Other information
Language
English
Type of outcome
Proceedings paper
Country of publisher
Estonia
Confidentiality degree
is not subject to a state or trade secret
Publication form
electronic version available online
References:
RIV identification code
RIV/00216224:14220/19:00110041
Organization
Právnická fakulta – Repository – Repository
ISBN
978-9949-584-15-4
Keywords in English
Cyber Weapons;Legal Analysis;International Law;Law of Armed Conflict;Human Rights Law
Links
EF16_019/0000822, research and development project.
Changed: 8/9/2020 15:02, RNDr. Daniel Jakubík
Abstract
V originále
The upcoming research aspires to elucidate limits imposed by international public law on deployment of cyber weapons. The research will mainly focus on two significant legal frameworks, namely law of armed conflict and human rights law, and examine whether those frameworks are sufficient. In a greater detail, attention will be paid to the Article 36 of Additional Protocol I. Besides well-known notion of armed conflict (international or non-international one), so far new and not-so-new concepts of hybrid warfare, hybrid threats and grey zone conflicts come into consideration. Similarly to standard kinetic weapons, their cyber counterparts could be deployed in all these scenarios. Those relatively new areas are only partially covered by international law in the art. 36 and the research will consider if the weapon review requirement stemming from that article may be applicable to those new scenarios. This research does not solely aim at clarification of the art. 36 itself, but most importantly, it will try to transform the general weapon review requirement into specific guidelines that will be helpful in situations that do not reach the level of armed conflict.