D 2019

Legal Constraints on Cyber Weapons

KUDLÁČKOVÁ, Ivana

Basic 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.

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