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Journal of college of Law for Legal and Political Sciences

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LEGISLATIVE SHORTCOMINGS IN THE FACE OF CYBER ATTACKS

    Author

    • Raad fajer Al,rawi

    Iraq/ Anbar University/ College of Law and Political Science/ Law Department

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Abstract

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.

Keywords

  • cyber space
  • Legislation
  • responsibility
  • legislative shortcomings
  • cyber attacks
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Journal of college of Law  for Legal and Political Sciences
Volume 10, Issue 39 part 1
November 2021
Page 189-212
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  • Article View: 37
  • PDF Download: 118

APA

Al,rawi, R. F. (2021). LEGISLATIVE SHORTCOMINGS IN THE FACE OF CYBER ATTACKS. Journal of college of Law for Legal and Political Sciences, 10(Issue 39 part 1), 189-212.

MLA

Raad fajer Al,rawi. "LEGISLATIVE SHORTCOMINGS IN THE FACE OF CYBER ATTACKS". Journal of college of Law for Legal and Political Sciences, 10, Issue 39 part 1, 2021, 189-212.

HARVARD

Al,rawi, R. F. (2021). 'LEGISLATIVE SHORTCOMINGS IN THE FACE OF CYBER ATTACKS', Journal of college of Law for Legal and Political Sciences, 10(Issue 39 part 1), pp. 189-212.

VANCOUVER

Al,rawi, R. F. LEGISLATIVE SHORTCOMINGS IN THE FACE OF CYBER ATTACKS. Journal of college of Law for Legal and Political Sciences, 2021; 10(Issue 39 part 1): 189-212.

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