Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 173-186 |
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1- Department of International Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran
2- Department of International Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran. (Corresponding author)
3- of Law, Faculty of Social Sciences, Payame Noor University, Tehran, Iran
2- Department of International Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran. (Corresponding author)
3- of Law, Faculty of Social Sciences, Payame Noor University, Tehran, Iran
Abstract:
Background and Objective: The Phenomenon of Cyber Warfare, Which as a Result of Increasing Advances in Science and Technology, Has Today Become a New Method of Warfare in the Field of International Relations, Is Slowly Moving Towards Legalization, As With the Development of Cyber Weapons, We Are Witnessing The Emergence of Legal Issues in the Field of International Humanitarian Law, To Evolve the Legal Concept of War and the Use of Force and Efforts to Regulate and Extend the Rules of Armed Conflict to Such Confrontations by Governments.
In This Regard, Despite the Fact That We Have not Witnessed a Binding Treaty, But With the Development of the Tallinn Manuals 1 and 2, an Attempt Was Made to Reveal the Shadow of the General Rules of International Law on Cyber Activities.
This Study Tries to Examine the Concept of War and Armed Conflict, in Accordance With the Progress of Science and the Use of Cyberspace as a Battlefield of Governments, The Ability to Observe the Principles and Rules of Armed Conflict in Cyber Warfare by Looking at Tallinn 2 Instructions on Cyber Attacks.
Materials and Methods: This Research has Been Done by Using Descriptive-Analytical Method, by Collecting Materials and Organizing Them to Achieve the Final Goal of the Research, ie, Proving the Applicability of the Rules of the Law of Armed Conflict on Cyber Operations.
Findings: As the Use of Any Type of Weapon, in Certain Circumstances, May be Interpreted as the Use of Force or War, Cyber Operations, If They Have the Characteristics Described in the Tallinn 2 and in Relation to the Tallinn 1 And the Previous Theories Have Been Developed and Interpreted, it is Considered a War and the Special Effects of the War Will be Borne On it.
Conclusion: The Rules of International Law of Armed Conflict Can be Applied in Situations Where the Use of Cyber Operations has Characteristics That, According to Tallinn 2, Recognize Cyber Weapons Operations as a Cyber War.
Please cite this article as: Givkey A, Kafaei Far M A, Dr. Rezaei M T. Applicability of International Humanitarian Law Rules in Cyber attacks by Looking at Tallinn Manual 2. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 173-186.
In This Regard, Despite the Fact That We Have not Witnessed a Binding Treaty, But With the Development of the Tallinn Manuals 1 and 2, an Attempt Was Made to Reveal the Shadow of the General Rules of International Law on Cyber Activities.
This Study Tries to Examine the Concept of War and Armed Conflict, in Accordance With the Progress of Science and the Use of Cyberspace as a Battlefield of Governments, The Ability to Observe the Principles and Rules of Armed Conflict in Cyber Warfare by Looking at Tallinn 2 Instructions on Cyber Attacks.
Materials and Methods: This Research has Been Done by Using Descriptive-Analytical Method, by Collecting Materials and Organizing Them to Achieve the Final Goal of the Research, ie, Proving the Applicability of the Rules of the Law of Armed Conflict on Cyber Operations.
Findings: As the Use of Any Type of Weapon, in Certain Circumstances, May be Interpreted as the Use of Force or War, Cyber Operations, If They Have the Characteristics Described in the Tallinn 2 and in Relation to the Tallinn 1 And the Previous Theories Have Been Developed and Interpreted, it is Considered a War and the Special Effects of the War Will be Borne On it.
Conclusion: The Rules of International Law of Armed Conflict Can be Applied in Situations Where the Use of Cyber Operations has Characteristics That, According to Tallinn 2, Recognize Cyber Weapons Operations as a Cyber War.
Please cite this article as: Givkey A, Kafaei Far M A, Dr. Rezaei M T. Applicability of International Humanitarian Law Rules in Cyber attacks by Looking at Tallinn Manual 2. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 173-186.
Type of Study: Original Article |
Received: 2019/02/14 | Accepted: 2020/12/26
Received: 2019/02/14 | Accepted: 2020/12/26
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