Edited by Nicholas Tsagourias and Russell Buchan
Chapter 6: International criminal responsibility in cyberspace
The primary objective of this chapter is to give a reliable overview of the state of the art with regard to 'computer network attacks' (CNAs) or cyber-attacks. A CNA constitutes the strongest form of what is regarded to be cyber warfare, i.e., the use of technical means to wage war against an adversary in cyberspace. The focus on CNAs is explained by the fact that only these forms of crimes in cyberspace are normally serious enough to qualify as international crimes and thus be covered by an international criminal jurisdiction like the ICC. As to ‘international criminal responsibility’ the current debate in the cyber context is mostly concerned with the application of the law of armed conflict or international humanitarian law (IHL) to CNAs (infra Section 2). Less intense is the debate regarding a possible criminal responsibility for a crime of aggression (infra Section 3). Finally, there is virtually no debate regarding the commission of crimes against humanity by way of CNAs but it is worthwhile taking a brief look at this possibility too (infra Section 4). There are, of course, other issues regarding international criminal responsibility in cyberspace but they must be left to further inquiries.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.