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The Effectiveness of the Principle o...
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van Breda, Leanne Christine,
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The Effectiveness of the Principle of Distinction in the Context of Cyber Warfare /
Record Type:
Electronic resources : Monograph/item
Title/Author:
The Effectiveness of the Principle of Distinction in the Context of Cyber Warfare // Leanne Christine van Breda.
Author:
van Breda, Leanne Christine,
Description:
1 electronic resource (44 pages)
Notes:
Source: Masters Abstracts International, Volume: 83-03.
Contained By:
Masters Abstracts International83-03.
Subject:
Peace. -
Online resource:
https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28374938
ISBN:
9798744433017
The Effectiveness of the Principle of Distinction in the Context of Cyber Warfare /
van Breda, Leanne Christine,
The Effectiveness of the Principle of Distinction in the Context of Cyber Warfare /
Leanne Christine van Breda. - 1 electronic resource (44 pages)
Source: Masters Abstracts International, Volume: 83-03.
International humanitarian law provides foundational norms which are to be observed by states in order to protect civilians from the harsh realities of war. These norms have been applied to traditional kinetic methods of warfare but as technology advances at a rapid pace so too do methods of warfare. As weaponry becomes more sophisticated it is necessary to revisit the foundational principles of international humanitarian law and apply them to situations that could only previously have been imagined. The principle of distinction is a core principle of this branch of law and it is not to be disregarded as a result of the fact that it predates modern methods of warfare but rather it is to be re-examined, its importance observed and applied to the warfare that we are faced with today. Protecting civilians has been of utmost importance in recent history and the development in the technology of weapons should not change that fact in the present or in the future.Today it is possible to conduct war through computers located nowhere near the area in which is impacted by such attacks. This was unimaginable at the dawn of international humanitarian law but is a very real present reality. Cyber wars have already occurred in recent history and are often an attractive method of warfare for states as they have many beneficial advantages such as cheaper, less dangerous and more precise attacks without the disadvantages of losing soldiers and the expense of weapons.As a result of the practical reality of cyber attacks in modern warfare, it is of great importance that the fundamental principle of distinction in international humanitarian law is analysed. To determine whether it is relevant in present day conflicts, the practical difficulties of applying the principle will need to be examined. The principle will only be effective where it protects civilians and as such it is necessary that it be established that civilians do indeed benefit from the principle. These issues will be addressed in Chapter One.In order to fully comprehend the application of international humanitarian law to cyber methods of warfare, it is essential that fundamental knowledge of cyber war be understood. Definitions offer assistance in this regard and will need to be explained before further examination of this technical topic can proceed. As suggested above, there are various reasons why state may prefer cyber attacks over conventional kinetic attacks such as bombing. The reasons for this will be explained in Chapter Two. Various instances of cyber warfare that have occurred in our recent history will also be examined.After addressing the international humanitarian law principle of distinction and cyber warfare as a whole, it is necessary to apply the law to the scenario of cyber warfare which poses a situation slightly different to traditional application of the law to warfare. Through analysis of the International Strategy for Cyberspace, the Tallinn Manual and the Nuclear Weapons Advisory Opinion we find that the principle must be applied but this does not occur without problems. To a large extent these problems are similar to the problems faced with application to traditional wafare.
English
ISBN: 9798744433017Subjects--Topical Terms:
565762
Peace.
The Effectiveness of the Principle of Distinction in the Context of Cyber Warfare /
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International humanitarian law provides foundational norms which are to be observed by states in order to protect civilians from the harsh realities of war. These norms have been applied to traditional kinetic methods of warfare but as technology advances at a rapid pace so too do methods of warfare. As weaponry becomes more sophisticated it is necessary to revisit the foundational principles of international humanitarian law and apply them to situations that could only previously have been imagined. The principle of distinction is a core principle of this branch of law and it is not to be disregarded as a result of the fact that it predates modern methods of warfare but rather it is to be re-examined, its importance observed and applied to the warfare that we are faced with today. Protecting civilians has been of utmost importance in recent history and the development in the technology of weapons should not change that fact in the present or in the future.Today it is possible to conduct war through computers located nowhere near the area in which is impacted by such attacks. This was unimaginable at the dawn of international humanitarian law but is a very real present reality. Cyber wars have already occurred in recent history and are often an attractive method of warfare for states as they have many beneficial advantages such as cheaper, less dangerous and more precise attacks without the disadvantages of losing soldiers and the expense of weapons.As a result of the practical reality of cyber attacks in modern warfare, it is of great importance that the fundamental principle of distinction in international humanitarian law is analysed. To determine whether it is relevant in present day conflicts, the practical difficulties of applying the principle will need to be examined. The principle will only be effective where it protects civilians and as such it is necessary that it be established that civilians do indeed benefit from the principle. These issues will be addressed in Chapter One.In order to fully comprehend the application of international humanitarian law to cyber methods of warfare, it is essential that fundamental knowledge of cyber war be understood. Definitions offer assistance in this regard and will need to be explained before further examination of this technical topic can proceed. As suggested above, there are various reasons why state may prefer cyber attacks over conventional kinetic attacks such as bombing. The reasons for this will be explained in Chapter Two. Various instances of cyber warfare that have occurred in our recent history will also be examined.After addressing the international humanitarian law principle of distinction and cyber warfare as a whole, it is necessary to apply the law to the scenario of cyber warfare which poses a situation slightly different to traditional application of the law to warfare. Through analysis of the International Strategy for Cyberspace, the Tallinn Manual and the Nuclear Weapons Advisory Opinion we find that the principle must be applied but this does not occur without problems. To a large extent these problems are similar to the problems faced with application to traditional wafare.
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https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28374938
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