Can mouse clicking be seen as involvement in armed conflict? Some notes on the direct participation in hostilities in cyberspace

Journal Title: Adam Mickiewicz University Law Review - Year 2013, Vol 2, Issue 2

Abstract

Contemporary armed conflicts are increasingly based on new technologies. These technologies enable to conduct hostilities from a distance, often eliminate the human factor from the battlefield. Nowadays, cyberspace created by the Internet allows to frame the idea of armed conflict outside the traditional recognition of the fight between belligerent armed forces. This article addresses issues of the direct participation of hostilities in cyberspace. In the first part it discusses technological development and its impact on the activation of the civil factor during armed conflicts. In the second part by analysing the current practice of cyber conflicts it refers to the concept of direct participation in hostilities and its constituent elements as a threshold of harm, direct causation, belligerent nexus at the cybernetic level. The third and final part examines the possibility of the loss of protection, in particular, it addresses the issues related to its temporal nature and the question of means and methods of attacking civilians involved in cyber warfare.

Authors and Affiliations

Tomasz Lewandowski

Keywords

Related Articles

Legal regulation of the principle of transparency in the budgetary process of the Republic of Poland

The article describes the organizational and legal foundation of the principle of budget transparency in Poland. The study considers the legal basis for access to information about the activities of public authorities an...

Некоторые проблемы защиты права собственности при применении мер уголовно-процессуального принуждения

The aim of the study is to evaluate the relation between right to property and the criminal procedure compulsions. The author presents the selected issues of the property right protection law system in the context of the...

State Immunity or State Impunity? Human Rights and State Immunity Revisited in the ICJ’s Judgment on the Case of the Jurisdictional Immunities of a State

The paper aims to comment on the judgment of the International Court of Justice of 2nd February 2012 in the case of Jurisdictional Immunities of the State between Germany and Italy from the perspective of the problem of...

Zasada kontradyktoryjności a ewolucja i współczesny kształt postępowania cywilnego – zarys problematyki

The adversarial principle has a long tradition in Polish civil procedure. It was one of the main principles under the Polish Civil Procedure Code of 1930. Later on, the change of the state system to socialism brought sig...

Constitutionnalisme français. Expérience de la troisième république

The aim of the article is to discuss the prominent features of French constitutionalism that were formed in the last quarter of the 19th century. The author underlines the particular importance of the constitutional expe...

Download PDF file
  • EP ID EP69631
  • DOI -
  • Views 140
  • Downloads 0

How To Cite

Tomasz Lewandowski (2013). Can mouse clicking be seen as involvement in armed conflict? Some notes on the direct participation in hostilities in cyberspace. Adam Mickiewicz University Law Review, 2(2), 195-204. https://europub.co.uk/articles/-A-69631