LEGISLATIVE SHORTCOMINGS IN THE FACE OF CYBER ATTACKS
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue Issue 39 part 1, Pages 189-212
AbstractThe 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.
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