Document Type : Article
Authors
- Alireza Monaghan harcheghan 1
- Mohammad ali Ardebili 2
- Ebrahim Beygzadeh 3
- Mohammad ali Mahdavi sabet 4
1 PhD Student in Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
3 Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
4 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract
Since the cyberspace has changed the concept of national sovereignty and political independence of states, the international community is obliged to react to it and protect cyber sovereignty. Thus, within the framework of international law, the international community has foreseen the national jurisdiction to prosecute violations of cyber sovereignty in accordance with international criminal law as well as ancillary jurisdiction with due regard to governance considerations. At the first step the Tallinn's talks expanded the jurisdiction of the International Criminal Court by defining cyber-aggression as a violation of international peace and security and the principle of non-interference in the internal affairs of states (national sovereignty). The enhancement of the authority of this institution in accordance with customary international law in line with international criminal policy of countering impunity is done in order to maintain and restore international cyber peace and security.
Keywords
English
- A) Books
- Akehurst, Michael, (2008), Jurisdiction in International Law, Published Oxford university press , 8th Edition
- Blake D Imburgia JS (2010), Bloodless Weapons? The need to conduct legal reviews of certain weapons and the implcations of defeining them as Weapons. Air Force Law Rev 66
- Clark, Roger S. (2009), The Crime of Aggression and the International Criminal Court, Edited by José Doria Hans-Peter Gasser M. Cherif Bassiouni, The Legal Regime of the International Criminal Court, Essays in Honor of Professor Igor Blishchenko, Martinus NIJHOFF Publisher.
- Hanagan, Michael (2000), " States and Capital: Globalization Past and Present in The Ends of Globalization" , edited by D. Kalb , M. van der Land, R.Staring, B. van Steenbergen and N.Wilterdink. Published Oxford university press
- Hochshild Jennifer (1981), What is Fair: AMERICAN Beliefs about Distributive Justice. Cambridge, MA: Harvard University Press.
- International Group of Experts at the Invitation of the NATO Cooperative Cyber Defence Center of Excellence, Tallinn Manual on The International Law Applicable to Cyber Warfare, Cambridge University Press.
- Kai Ambos (2010),“The Crime of Aggression after Kampala.” German Year Book of International Law.
- Li Xingan (2004), Theories and Practiccces of International Jurisdiction to Cyber Crime , Asian and Comparative Law, Vol. 2,No. 1
- Michael N Schmitt (2013), Tallinn Manual on The International Law Applicable To Cyber Warfare1. Cambridge University Press.
- Miller, Kevin L. (2014), “The Kampala Compromised and Cyberattacks: Can There be an International Crime of Cyber-Aggression?” Southern California Interdisciplinary Law Journal 23.
- Schabas, Willam A.; Bernaz, Nadia (2011), Routledge Handbook of Internantional Criminal Law, London: Taylor and Franis Group.
- Schiff, Benjamin N.(2008), Building the International Criminal Court. New York: Cambridge University Press.
- Schmitt, Michael N (2017), Tallinn Manual on The International Law Applicable To Cyber Warfare2. Cambridge University Press.
- Schmitt, Michael N.(2010), Cyber Operations in International Law: The Use of Force, Collective Security, Self Defence, and Armed Conflicts, Proceedings of a Workshop on Deterring Cyber Attacks: Informing Strategies and Developing Options for U.S. Policy, Washington: National Academic Press.
- Stahn, Carsten & Sluiter, Göran (2009), The Emerging Practice of the International Criminal Court, Legal Aspects of International Organization. Vol. 48. Leiden: Martinus Nijhoff Publisher.
- B) Articles
- Ambos, Kai (2016), “Individual Criminal Responsibility for Cyber Aggression” Journal of Conflict and Security Law, Oxford University Press, pp.495–504.
- Anderson, Michel (2010), “Reconceptualizing Aggression“. Vol 60, Duke law Journal, Issue 11.
- Delmas, Marty Mireille (2006), “Interctions between National and Internation Criminal Law in the Preliminary Phasr of Trial at the I.C.C“, Journal of Internation Criminal justice, No.4.
- Dunlap Jr, Charles J. (2011), “Major General, USAF Retired, Perspectives for Cyber Strategists on Law for Cyberwar”, Strategic Studies Quarterly 5(1).
- Dashora, K.(2011),"Cyber Crime in the Society: Problems and Preventions". Journal of Alternative Persepctive in the Social Science , Vol.3 , No. 1.
- Kesan, Jay P., & Carol M. Hayes (2012), “Mitigative Counterstriking: Self-Defense and Deterrence in Cyberspace”, Harvard Journal of Law and Technology 25.
- Ophardt, Jonathan A. (2010),“Cyber Warfare and the Crime of Aggression: The Need for Individual Accountability on Tomorrow’s Battlefield”, Duke Law and Technology Review.
- C) Documents
- Libman V.(1985), The Queen in supreme cort Judgments. Collection 1985,Canada,2SCR. Para 74.
- 24. Report to the San Francisco conference, 9 unclo (1945) ; Declaration on Friendly , Pmble
- Restatment (Third),Part IV,Mann 1984,at19;Oppenheims International Law ,at 65; shaws International Law , at 469
- The Draft Convention On Research in Internationnal Law of the Harvard Law Scool , (Supp.1935) 29AM.J, int-1/435 & 466
Refrences In Persian:
- A) Books
- 1. Al-Habib, Ishaq & Ebrahim Beigzadeh (2003), International Criminal Court and the Islamic Republic of Iran "Investigation of Genocide and Crimes against Humanity in the Statute of the International Criminal Court" Eighth Edition, Tehran: Ministry of Foreign Affairs Publishing Center (In Persian).
- Ahani Amineh, Mohammad (2018), Modern International Law and Cyber Warfare in Cyberspace, First Edition, jJahan Jam Jam Publishing Institute (In Persian).
- Amirpour, Mahnaz & Shafi Bahramian (2014). General Foundations of Mass Communication Theories, Second Edition, Tehran: Sociologists Publications (In Persian).
- Terence Dee, Mate; Richard C., McCarl & Liswan Shelley Jay (2013), Criminal profiles, translated by Ali Najafi Tavana and Ayub Milki. First Edition, Tehran: Education and Measurement Publications (In Persian).
- Hosseini, Seyed Mohammad (2018), Criminal Policy, Fifth Edition, Tehran: University of Tehran Press (In Persian).
- Hamzeh Zeinali, Amir & Koorehpez, Mohammad (2015), New Deterrence: Crime and Criminal Politics in the Age of Globalization, First Edition, Tehran: Khorsandi Publications (In Persian).
- Jalalia Farahani, Amir Hossein (2015), Cybercrime Convention and its Additional Protocol, Second Edition: Tehran, Khorsandi Publications (In Persian).
- Hakimiha, Saeed & Ziaei, Seyed Yaser (2015), Global Jurisdiction in War Crimes from the Perspective of International Law with a View to Iranian Law, First Edition, Tehran: Imam Hossein University Institute and Press (In Persian).
- Zakir Hussein, Mohammad Hadi (2020), "Pre-Trial Procedure of the International Criminal Court, First Office (Case Selection Process)", First Edition, Tehran: Shahr-e-Danesh Institute for Legal Studies and Research Publications (In Persian).
- Rezainejad, Iraj. (2019), Jurisdiction of the International Criminal Court, Third Edition: Tehran: Majd Scientific and Cultural Association Publications (In Persian).
- Riahi, Oveys (2013), Defense in International Criminal Law, First Edition, Tehran: Farhang Shenasi Publications (In Persian).
- Ramezani Ghavamabadi, Mohammad Hossein (2013), The Method of Working for an International Judge, Second Edition, Tehran: Shahr-e-Danesh Institute for Legal Studies and Research (In Persian).
- Saeedi, Rahman (2018), International Law of Cyber Communications (Virtual), First Edition, Tehran: Khojasteh Publications (In Persian).
- Soodmandi, Abdolmajid (2014), Investigation of the crime of aggression in the International Criminal Court, Tehran: Negah Bineh Publishing House (In Persian).
- Shariat Baqeri, Mohammad Javad (2018), International Criminal Law, Fifteenth Edition, Tehran: Jangal Publications (In Persian).
- Shakibnejad, Ehsan (2017), Legislation in Cyberspace from the Perspective of International Law, First Edition: Danesh Shahr Institute for Legal Studies and Research (In Persian).
- Ameli, Seyed Saeed Reza (2011), Judicial approach to harms, crimes and laws and policies of cyberspace, first edition, Tehran: Amirkabir Publications (In Persian).
- Kitijaysari, Kriang (2008), International Criminal Law, translated by Hossein Aghaei Janatmakan, first edition: Tehran, Jangal Publications (In Persian).
- Louis, Trotaba (2014), French constitutional law, Translated by Seyyed Mohsen Sheikha-ol-Islam, third edition: Tehran, Koosha Mohm Publications (In Persian).
- Mir Abbasi, Seyed Baqer (2015), Requirements of the International Criminal Court in Theory and Practice, Second Edition, Tehran: Khorsandi Publications.
- Mir Mohammad Sadeghi, Hossein (2015), International Criminal Court Ninth Edition, Tehran: Dadgostar Publishing House (In Persian).
- B) Articles
- Jalali, Gholamreza (2016), "Papsa News", the monthly magazine of the country's inactive passive defense organization: No. 13 (In Persian).
- Khalilipour Roknabadi, Ali & Noor Alivand, Yaser (2015), "Cyber Threats and Its Impact on National Security", Strategic Studies Quarterly, Year 15: Issue 2 (In Persian).