Journal of college of Law for Legal and Political Sciences

The nature of international criminal responsibility in cyber attacks is return to its source which is the custom of international law, even though its included in international convention. Although, criminal responsibility for cyber attacks has international character, it is also has a national nature. The national law is considered the source of criminalization, even if this law is applying to international agreement based on international custom. The question that needs to be answered in this research is: can the authority facing cyber attacks as criminal side? And considering the perpetrators have international responsibility? The authority can impose international criminal responsibility on the perpetrators of cyber crimes because these crimes establish an assault on the basic interests of the international community. The cyber attacks is an attack on the interests of the state, directly or indirectly, because the government is a member of the international community. National criminal responsibility for cyber crimes has a wide scope because cyber attacks occur outside the territorial scope of the state in most cases.

Responsibility is either moral or legal, and with regard to the first, it is achieved when a person violates a religious or moral duty, which is of course outside the scope of our research. As for the second, it is achieved when a person violates a legal duty, and it is embodied in three forms, they are either civil or criminal. or disciplinary, and these three forms may be subject to a person simultaneously or individually depending on his character or behavior, and the quality acquired by that behavior or behavior in terms of the availability of the pillars and elements of that responsibility. Or two or all of them at the same time.And since the judge is a public servant occupying a public position, any behavior that comes to him is not related to the public position and distances him from the requirements of the public interest and the prestige of the judiciary and the high status of it, or behaviors and behaviors even outside the job entrusted to him that affect his reputation undoubtedly falls under the penalty of disciplinary responsibility In addition to criminal and civil liability, if its elements are available.

Globalization and a revolution of information and modern communications technology have left a new arena in international relations, And a new, open and unrestrained field of contemporary warfare, Especially as we have become in an era in which States manage their vital and dangerous affairs and Institutions through the these means and tools, Which enables any state, organization or even individuals to use the means produced by this revolution in the management of their international disputes, Which resulted in so-called "International Disputes Of An Electronic Nature", which placed States in particular and the international community in general In the face of one fact: the need to intensify its efforts and unite its ranks in order to confront these new threats And to limit its use as one of the methods of managing its international disputes Because of the seriousness of the consequences that might result, especially if terrorism used these means to target vital international facilities Causing serious consequences such as causing significant damage to the information infrastructure and software operating systems for control and supervision that control the production processes or related to transport and traffic in airports Nuclear power reactors or associated with the production and distribution of water, electricity, dams, communications, financial and banking services and other vital civilian or military facilities that may endanger international peace and security.

The fight against the support and financing of terrorism is a key pillar in the fight against terrorism. Terrorist financing has gained international prominence since the mid-1990s. States are unable to support and fund "clean money" for terrorism. This is not an old crime but an independent terrorist financing crime Just as the collection of funds with the intention and knowledge that they are used to support and finance acts of terrorism to the emergence of criminal responsibility under domestic and international law, and the countries supporting and financing terrorism subject to unilateral sanctions from the Security Council throughout the eighties and nineties, Sponsored and funded by states, was aimed primarily at provoking political opponents or increasing political aspirations in certain areas. A criminal responsibility was imposed on the state in the case of state terrorism issued by one of its agencies as well as civil responsibility.

The vast progress in the field of technology has largely affected the community both positively and negatively at a time. The positive impact of technologies lies in the services rendered by them in defferent fields including social media and other services. The negative impact of technologies is represented by the modern technological methods which have largly affected the community and created a suitable environment for committing varied kinds of crimes. The study of the topic of morality crimes resulting from the use of the modern technology is divided into two chapters

Electronic publishing is that kind of publication when the transfer of information from the author to the receiver by means of modern technology represented by automated computers and its associated means of storage, magnetic or laser, and communication networks beside the forthcoming technologies. Electronic publishing has several pros and cons, but in spite of its shortcomings its advantages remain superior than the former. In addition to the continuous growth of computer systems and automated data processing for man, that role however has been currently used illegally and this computer and its data became subject to many attacks that wasted and threatened human interests. Consequently, the civil liability of the author for electronic publishing rises due to these attacks, as this responsibility may sometimes be contractual or tort depending on the availability of the elements for every type of civil liability.