CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION

The manner in which hostilities are being conducted has changed in recent years. The battle field has transpired beyond the physical realm and now has a virtual component. Because of this, it is now easier than ever for civilians to get involved in hostilities. International Humanitarian Law applies...

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Main Author: Dan-Iulian VOITAȘEC
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2016-06-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.081.pdf
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author Dan-Iulian VOITAȘEC
author_facet Dan-Iulian VOITAȘEC
author_sort Dan-Iulian VOITAȘEC
collection DOAJ
description The manner in which hostilities are being conducted has changed in recent years. The battle field has transpired beyond the physical realm and now has a virtual component. Because of this, it is now easier than ever for civilians to get involved in hostilities. International Humanitarian Law applies to all situations of armed conflict and according to the principle of distinction, the parties to the conflict must, at all times, distinguish between civilians and combatants. The problem arises when the line between combatants and civilians starts to get blurry. Direct civilian participation in hostilities has been addressed in both Additional Protocols to the Geneva Conventions of 1949 and in 2009 the International Committee of the Red Cross published the Interpretive guidance on the notion of Direct Participation in Hostilities under international humanitarian law. Another document that addresses the problem of civilian direct participation is the Tallinn Manual on the International Law Applicable to Cyber Warfare prepared by an international group of experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence in 2013. The guide prepared by the ICRC addresses the problem of civilian direct participation during conventional situations of armed conflict, while the Tallinn Manual addresses direct participation in situations of cyber warfare. The purpose of this paper is to study the application of civilian direct participation to situations of cyber warfare.
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spelling doaj-art-386363e5cb6c4eaca100e7e27ab511e42025-01-02T04:47:43ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-06-016-550554CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATIONDan-Iulian VOITAȘEC0PhD candidate, Faculty of Law, ”Nicolae Titulescu” University of BucharestThe manner in which hostilities are being conducted has changed in recent years. The battle field has transpired beyond the physical realm and now has a virtual component. Because of this, it is now easier than ever for civilians to get involved in hostilities. International Humanitarian Law applies to all situations of armed conflict and according to the principle of distinction, the parties to the conflict must, at all times, distinguish between civilians and combatants. The problem arises when the line between combatants and civilians starts to get blurry. Direct civilian participation in hostilities has been addressed in both Additional Protocols to the Geneva Conventions of 1949 and in 2009 the International Committee of the Red Cross published the Interpretive guidance on the notion of Direct Participation in Hostilities under international humanitarian law. Another document that addresses the problem of civilian direct participation is the Tallinn Manual on the International Law Applicable to Cyber Warfare prepared by an international group of experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence in 2013. The guide prepared by the ICRC addresses the problem of civilian direct participation during conventional situations of armed conflict, while the Tallinn Manual addresses direct participation in situations of cyber warfare. The purpose of this paper is to study the application of civilian direct participation to situations of cyber warfare.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.081.pdfinternational humanitarian lawcivilian direct participationcyber warcyber-attacksTallinn Manual.
spellingShingle Dan-Iulian VOITAȘEC
CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION
Challenges of the Knowledge Society
international humanitarian law
civilian direct participation
cyber war
cyber-attacks
Tallinn Manual.
title CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION
title_full CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION
title_fullStr CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION
title_full_unstemmed CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION
title_short CYBER HOSTILITIES: CIVILIAN DIRECT PARTICIPATION
title_sort cyber hostilities civilian direct participation
topic international humanitarian law
civilian direct participation
cyber war
cyber-attacks
Tallinn Manual.
url http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.081.pdf
work_keys_str_mv AT daniulianvoitasec cyberhostilitiesciviliandirectparticipation