نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانش اموخته دکتری حقوق بین الملل دانشگاه علامه طباطبایی
2 استاد حقوق بین الملل دانشگاه علامه طباطبایی
3 دکتری حقوق بین الملل، مدرس دانشکده حقوق و علوم سیاسی، دانشگاه آزاد اسلامی، واحد کرج، کرج، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
New technologies have transformed traditional forms of attack, leading to numerous reports of assaults by both non-governmental and governmental actors on the foundations of a country—extending beyond just its tangible borders. Many modern forms of attack now meet the criteria for aggression. However, since 2010, when governments in Kampala defined the crime of rape after years of speculation, it seems highly unlikely that a legal framework to categorize cyber-attacks as rape will emerge anytime soon. Nevertheless, it is optimistic to believe that the Kampala document has the potential to address the legal vacuum surrounding these issues, even if the solution is not definitive. By recognizing aggression in cyberspace and the legitimate right to defend against it, existing legal frameworks—such as Article 51 of the United Nations Charter and the Tallinn Manual—can provide guidance. However, cyber-attacks must be assessed in terms of their nature, intensity, and scope to determine whether they qualify as armed attacks under the concept outlined in Article 4.2 of the UN Charter. Legal prerequisites for self-defense, including "necessity," "proportionality," and "urgency," must be satisfied in response to cyber aggression. However, factors such as the diversity of attackers in cyberspace and the erosion of non-territorial boundaries complicate the application of self-defense in this context.
کلیدواژهها English
