网络战
网络空间
政治学
国际人道主义法
国际法
法律与经济学
互连性
法学
合法性原则
计算机安全
计算机科学
社会学
人工智能
互联网
万维网
作者
Karine Bannelier-Christakis
出处
期刊:Edward Elgar Publishing eBooks
[Edward Elgar Publishing]
日期:2015-06-23
标识
DOI:10.4337/9781782547396.00028
摘要
From the ICRC to the Tallinn Manual on International Law Applicable to Cyberwarfare, there seems to be a broad consensus that cyberwar, like any other method or means of warfare, is subject to the traditional rules of the law of armed conflict, including one of its 'cardinal principles', the principle of distinction. However, the transposition of the principle of distinction into cyberspace raises important legal questions. Indeed, the prohibition of direct attacks against civilians, which is the cornerstone of the principle of distinction, cannot be easily transposed to cyber-operations that are in part or completely dematerialized. It is thus necessary to review this principle carefully in order to assess whether it is strictly focused on the prohibition of 'attacks' against civilians or whether it could also be interpreted as prohibiting any kind of direct military cyber operations against them. The interconnectivity characterizing the cyberspace also challenges the protective status given by the principle of distinction. By blurring the distinction between civilians and the military, cyberwarfare makes the enforcement of the principle of distinction all the more challenging.
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