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학술논문국제법평론2016.10 발행KCI 피인용 1

국가행위자의 사이버공격에 관한 국제법적 연구

A Study on Cyber Attacks by Non-State Actors under International Law

오현철(동국대학교)

45호, 171~185쪽

초록

Cyberspace will become a main front in both irregular and traditional conflicts. Enemies in cyberspace will include both states and non-state actors and will range from the unsophisticated amateur to highly trained professional hackers. Through cyberspace, enemies will target industry, academia, government, as well as the military in the air, land, maritime, and space domains. One of most prominent features of the global Issue is the significant surge in numbers and importance of non-state actors. The rise of these non-state actors and their growing involvement in world politics challenges the assumptions of traditional approaches to international relations which assume that states are the only important unites of the international system. Traditionally, the principal actors of war and conflict on the would stage were nation-states. Nation-states, or states, have a legally recognized status among the international community, Non-state actors, on the other hand, lack such legal status. Nevertheless, since World War Ⅱ, the world has experienced a significant increase in non-state actors becoming actors in world politics and war. Today, the cyber warfare from non-state actors currently dominates the cyber battlefield. With an increasing number of cyber attacks originating from sophisticated cyber criminals, hackivists, and State-sponsored patriotic hackers, a new era of cyber warfare is emerging. This article argues that existing international laws of war are inadequate and need to be adjusted and clearly defined to include cyber attacks involving state and non-state actors.

Abstract

Cyberspace will become a main front in both irregular and traditional conflicts. Enemies in cyberspace will include both states and non-state actors and will range from the unsophisticated amateur to highly trained professional hackers. Through cyberspace, enemies will target industry, academia, government, as well as the military in the air, land, maritime, and space domains. One of most prominent features of the global Issue is the significant surge in numbers and importance of non-state actors. The rise of these non-state actors and their growing involvement in world politics challenges the assumptions of traditional approaches to international relations which assume that states are the only important unites of the international system. Traditionally, the principal actors of war and conflict on the would stage were nation-states. Nation-states, or states, have a legally recognized status among the international community, Non-state actors, on the other hand, lack such legal status. Nevertheless, since World War Ⅱ, the world has experienced a significant increase in non-state actors becoming actors in world politics and war. Today, the cyber warfare from non-state actors currently dominates the cyber battlefield. With an increasing number of cyber attacks originating from sophisticated cyber criminals, hackivists, and State-sponsored patriotic hackers, a new era of cyber warfare is emerging. This article argues that existing international laws of war are inadequate and need to be adjusted and clearly defined to include cyber attacks involving state and non-state actors.

발행기관:
국제법평론회
분류:
국제/해양법

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국가행위자의 사이버공격에 관한 국제법적 연구 | 국제법평론 2016 | AskLaw | 애스크로 AI