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15 Duke L. & Tech. Rev. 1 (2017)

handle is hein.journals/dltr15 and id is 1 raw text is: 






        ICRC,   NATO AND THE U.S. - DIRECT
        PARTICIPATION IN HACKTIVITIES -
   TARGETING PRIVATE CONTRACTORS AND
        CIVILIANS IN CYBERSPACE UNDER
     INTERNATIONAL HUMANITARIAN LAW


                           IDO KILOVATYT

                           ABSTRACT
       Cyber-attacks have become increasingly common and are an
    integral part of contemporary armed conflicts. With that premise
    in mind, the question arises of whether or not a civilian carrying
    out cyber-attacks during an armed conflict becomes a legitimate
    target under international humanitarian law. This paper aims to
    explore this question using  three different analytical and
    conceptualframeworks while looking at a variety of cyber-attacks
    along with their subsequent effects. One of the core principles of
    the law of armed conflict is distinction, which states that civilians
    in an armed conflict are granted a set of protections, mainly the
    protection from direct attacks by  the  adversary, whereas
    combatants (or members of armed groups) and military objectives
    may  become  legitimate targets of direct attacks. Although
    civilians are generally protected from direct attacks, they can still
    become victims of an attack because they lose this protection 'for
    such time as they take direct part in hostilities. ' In other words,


t Cyber Fellow at the Center for Global Legal Challenges, Yale Law School;
Resident Fellow Information Society Project, Yale Law School; S.J.D. Candidate,
Georgetown University Law Center. I would like to gratefully acknowledge the
generous support of the Minerva Center for the Rule of Law under Extreme
Conditions at the Faculty of Law  and Department of Geography  and
Environmental Studies, University of Haifa, Israel and of the Israeli Ministry of
Science, Technology and Space, who made this project possible. I am thankful
for the comments and support of Prof. Amnon Reichman, Prof. Rosa Brooks, Prof.
Alexa Freeman, Prof. Mary DeRosa, Adv. Ido Rosenzweig, and all the attendees
of the cyber sessions at the University of Haifa, who were incredibly helpful in
the process of writing this paper.
1 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating
to the Protection of Victims of International Armed Conflicts (Protocol I) art.
51(3), June 8, 1977, 1125 U.N.T.S. 3 [hereinafter AP I]. In the non-international
armed conflict context, see Article 13(3) of the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of Non-

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