Publication details

Legal Constraints on Cyber Weapons

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Year of publication 2019
Type Article in Proceedings
Conference Proceedings of the 5th Interdisciplinary Cyber Research conference 2019
MU Faculty or unit

Faculty of Law

Web Open access sborníku
Keywords Cyber Weapons;Legal Analysis;International Law;Law of Armed Conflict;Human Rights Law
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Description 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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