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10 Baltic J.L. & Pol. 1 (2017)

handle is hein.journals/bjlp10 and id is 1 raw text is: BALTIC JOURNAL OF LAW & POLITICS
A Journal of Vytautas Magnus University
VOLUME 10, NUMBER 1 (2017)
ISSN 2029-0454
rE   DE GRUYTER      Cit.: Baltic Journal of Law & Politics 10:1 (2017): 1-34
-    OPN                     http://www.degruyter.com/view/j/bjIp
G                                DOI: 10.1515/bjlp-2017-0001
THE IMPLICATIONS OF TRANSNATIONAL CYBER THREATS IN
INTERNATIONAL HUMANITARIAN LAW: ANALYSING THE
DISTINCTION BETWEEN CYBERCRIME, CYBER ATTACK, AND
CYBER WARFARE IN THE 21ST CENTURY
Hemen Philip Faga
Senior Lecturer; LL.M.
Ebony! State University, Faculty of Law (Nigeria)
Contact information
Address: Abakaliki, P.M.B. 053, Ebonyi State, Nigeria
Phone: +2348037702042
E-mail address: hemenfaga@gmail.com
Received: August 21, 2016; reviews: 2; accepted: April 6, 2017.
ABSTRACT
This paper is an attempt to draw distinctive lines between the concepts of cybercrime,
cyber-attack, and cyber warfare in the current information age, in which it has become
difficult to separate the activities of transnational criminals from acts of belligerents using
cyberspace. The paper considers the implications of transnational cyber threats in
international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state
actors, the principles of state responsibility, and the implications of targeting non-state
perpetrators under IHL. It concludes that current international law constructs are inadequate
to address the implications of transnational cyber threats; the author recommends
consequential amendments to the laws of war in order to address the challenges posed by
transnational cyber threats.

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