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SM ISO690:2012 CAUIA, Alexandru. Dificultăţile de aplicare a normelor dreptului internaţional umanitar asupra războiului cibernetic. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2012, nr. 1, pp. 5-14. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 1 / 2012 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 5-14 | ||||||
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Rezumat | ||||||
The computer information systems is a part of post-industrial economy daily, but during armed conflict, despite all attempts to be excluded from the set of means to resolve conflicts between states, it remains to be an element that characterizes international relations today. Computer and information systems use in military operations by the warring parties was only a matter of time. Currently, most of the planning process and to achieve military objectives is done through computers. Computer systems is both a means and an effective method of warfare, used extensively in contemporary armed conflicts.
The text of this article analyzes the conditions necessary for a cyber attack or operation to be classified as use of force in purposes of the United Nations Charter and the circumstances in which the computer could be qualified as legal method or means of warfare. It is also important to create specific legal mechanisms that would regulate international humanitarian developments in cyber armed conflict, particularly the distinction and proportionality principles and methods of protection of protected persons: injured, sick, shipwrecked, prisoners of war or civilians.
The analysis of the legality of the target is a major problem for people in the military command responsible for the decision to attack, because in the actual circumstances of armed conflict, determination of the ratio of the consequences caused by the attack made and received military advantage to proportionality principle is extremely difficult.
These methods and means of warfare did not form the subject of regulation of the Geneva Conventions of 1949 and Additional Protocols of 1977. The rules of international humanitarian law do not provide a comprehensive regulatory and express them. Only a broad interpretation of fair and consistent laws and customs of warfare may enable us to address the problems of application of international humanitarian law on cyber warfare, which does not exclude the imperative of developing and adopting a bill that would regulate international express this phenomenon. |
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