2022_Self Defence Against Cyberterrorism in the Framework of International Law
| Format: | General Document |
|---|
| _version_ | 1860798179431153664 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2022-10-02 |
| format | General Document |
| id | 16311 |
| institution | UniSZA |
| originalfilename | SELF DEFENCE AGAINST CYBERTERRORISM IN THE FRAMEWORK OF INTERNATIONAL LAW (PHD_2022).pdf |
| person | Jamal Awwad Alkharman |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16311 |
| sourcemedia | Server storage Scanned document |
| spelling | 16311 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16311 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.3.4; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 2022-10-02 Framework 371 SELF DEFENCE AGAINST CYBERTERRORISM IN THE FRAMEWORK OF INTERNATIONAL LAW (PHD_2022).pdf Jamal Awwad Alkharman Self Defence Cyberterrorism Computer security Information warfare International cooperation 2022_Self Defence Against Cyberterrorism in the Framework of International Law Article 4, Paragraph 2 of the Charter of the United Nations, prohibits states from threatening or using force against the territorial integrity or political independence of any states or in any other way inconsistent with the purposes of the United Nations. It includes, among other things, the use of electronic force against any state, whether directly or indirectly. On the other hand, Article 51, provides that member states of the United Nations have the right to legitimate self-defense in the event of an armed attack only. The problem of international electronic terrorism has spread rapidly and affected nations adversely. However, International Law continues to view the crimes of international terrorism through the Internet and global cyberterrorism as ordinary conventional crimes. This perception created an international legal vacuum. Hence, the existence of this legal lacuna in the international law to criminalize these acts, which harm the security and sovereignty of states and affect global peace and security, needs to be addressed. This study used a doctrinal and empirical legal approach. An analysis is made in determining whether cyberterrorism may be regarded as an armed attack legitimizing the victim state’s right to self-defense. For that purpose, relevant legal text and resources were pulled together to achieve the aim of this research. Hence, a qualitative descriptive analysis of related legal texts and other relevant documents has been conducted. The research finds that a cyberattack is similar to a terrorist attack but the cyberattack is carried out using the computer via the internet while the conventional terrorist attack is physically carried out between or among terrorist members and the government troops. However, the attacker and his location are unknown in the cyberattack. The international community has not been able to incorporate cyberterrorism law into international law of aggression because there is no consensus of opinions from member states on the status of cyberattacks. Soon, coordinated cyberterrorism carried out through the Internet could cause catastrophic destruction to nations that depend on the Internet, particularly in crucial target areas such as transportation, power supply, and telecommunication infrastructures. Consequently, it has been pointed out that cyber warfare operations can fall under the scope of the international crime of aggression justifying the right of self-defence. The existing legal literature on cyberterrorism is exposing a conundrum. There are possible avenues for international legal action against international cyber-terrorists. However, since these attacks have not occurred, states lack opportunities to proactively resort to the methods sanctioned by international law. The best available alternative is to enhance cybersecurity in every critical infrastructure against cyber intrusions that are 'all hazards.' In addition, there is also a lack of practical solutions against the terrorist use of the Internet and social media. Indeed, this issue is serious, and with no signs of diminishing, it may increase the tendency of terrorists to integrate offensive cyberattacks into counter-cyber-facilitated terrorism strategies. Dissertations, Academic Thesis |
| spellingShingle | 2022_Self Defence Against Cyberterrorism in the Framework of International Law |
| state | Terengganu |
| subject | Computer security Information warfare International cooperation Dissertations, Academic |
| summary | Article 4, Paragraph 2 of the Charter of the United Nations, prohibits states from threatening or using force against the territorial integrity or political independence of any states or in any other way inconsistent with the purposes of the United Nations. It includes, among other things, the use of electronic force against any state, whether directly or indirectly. On the other hand, Article 51, provides that member states of the United Nations have the right to legitimate self-defense in the event of an armed attack only. The problem of international electronic terrorism has spread rapidly and affected nations adversely. However, International Law continues to view the crimes of international terrorism through the Internet and global cyberterrorism as ordinary conventional crimes. This perception created an international legal vacuum. Hence, the existence of this legal lacuna in the international law to criminalize these acts, which harm the security and sovereignty of states and affect global peace and security, needs to be addressed. This study used a doctrinal and empirical legal approach. An analysis is made in determining whether cyberterrorism may be regarded as an armed attack legitimizing the victim state’s right to self-defense. For that purpose, relevant legal text and resources were pulled together to achieve the aim of this research. Hence, a qualitative descriptive analysis of related legal texts and other relevant documents has been conducted. The research finds that a cyberattack is similar to a terrorist attack but the cyberattack is carried out using the computer via the internet while the conventional terrorist attack is physically carried out between or among terrorist members and the government troops. However, the attacker and his location are unknown in the cyberattack. The international community has not been able to incorporate cyberterrorism law into international law of aggression because there is no consensus of opinions from member states on the status of cyberattacks. Soon, coordinated cyberterrorism carried out through the Internet could cause catastrophic destruction to nations that depend on the Internet, particularly in crucial target areas such as transportation, power supply, and telecommunication infrastructures. Consequently, it has been pointed out that cyber warfare operations can fall under the scope of the international crime of aggression justifying the right of self-defence. The existing legal literature on cyberterrorism is exposing a conundrum. There are possible avenues for international legal action against international cyber-terrorists. However, since these attacks have not occurred, states lack opportunities to proactively resort to the methods sanctioned by international law. The best available alternative is to enhance cybersecurity in every critical infrastructure against cyber intrusions that are 'all hazards.' In addition, there is also a lack of practical solutions against the terrorist use of the Internet and social media. Indeed, this issue is serious, and with no signs of diminishing, it may increase the tendency of terrorists to integrate offensive cyberattacks into counter-cyber-facilitated terrorism strategies. |
| title | 2022_Self Defence Against Cyberterrorism in the Framework of International Law |
| title_full | 2022_Self Defence Against Cyberterrorism in the Framework of International Law |
| title_fullStr | 2022_Self Defence Against Cyberterrorism in the Framework of International Law |
| title_full_unstemmed | 2022_Self Defence Against Cyberterrorism in the Framework of International Law |
| title_short | 2022_Self Defence Against Cyberterrorism in the Framework of International Law |
| title_sort | 2022_self defence against cyberterrorism in the framework of international law |