نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
گروه حقوق جزا و جرمشناسی، دانشکدة حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The increase of cyber wars has made the application of criminal war regulations on them inevitable, and this is while the said regulations have been established in accordance with traditional wars and it is challenging to apply these regulations to cyber wars. The aforementioned challenges are proportionately greater for disruptive warfare that does not create physical effects -versus destructive cyber warfare-. Based on this, how to determine the background element necessary for the occurrence of a war crime, that is, "occurrence of cyber armed conflict", is necessary and is the main question of this research. To answer this question, by collecting data through library sources, descriptive-analytical method is used in the research. The opinions of the opponents of the implementation of cyber armed conflict through disruptive cyber warfare are analyzed and answered. The Tallinn Manual as the most important non-binding international document for the application of international law regulations in the cyberspace, is the subject of a comparative study. The result of this research is that the emphasis of the Tallinn Manual on the necessity of creating physical effects as a result of cyber wars to fulfill the Severity criterion, causes the impunity of a large number of disruptive cyber wars whose effects are not necessarily less than destructive cyber wars. on this basis, it is suggested that, while emphasizing the criteria of the Tallinn Manual, the International Criminal Court to follow the severity criterion, regardless of the need to create physical effects, in line with modern approaches And to verify it, use the micro-indicators of scale, nature, method of committing, influence, disturbance in vital infrastructures and circumstances of committing.
کلیدواژهها [English]
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ب) انگلیسی
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