Cyber law
Saurish Shetye
(Querist) 14 August 2012
This query is : Resolved
Is Cyber Attack considered an an armed attack against any nation?
Brief of the Case:
In a cyber attack done by one nation on its neighboring nation, the banking, telecommunication and transport services of that nations is virtually destroyed.
Will this act be considered as an armed attack on the neighboring nation?
If it can be considered as an armed attack, it shall be under which section?
N.K.Assumi
(Expert) 15 August 2012
Cyber law or law governing the use of computers and the internet presents new law enforcement challenges and the law has not caught up to the realities of the present world internet criminal activities with computer as a tool in the commission of a crime. But certainly computer can be used as a crime against a Government of another State such as threat or disruption to health and safety, shut-down of essential services, Espionage, Terrorism and the like of 11/9 attack. Cyber laws are mostly governed by domestic laws and traditional laws principles including International conventions, however, the nature of crime as you have indicated may amount to aggression against another State, and if such incidents occurred it will be governed by UN Charter and other related International Laws.
prabhakar singh
(Expert) 15 August 2012
Article 51 of the UN Charter provides that: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.”
Then if we focus on means used in such attacks we find that electronic signals imperceptible to human senses do not closely resemble bombs, bullets, or troops.
Then the idea to sell it as "armed attack"
at least in near future may not have any takers.
JANAK RAJ VATSA
(Expert) 16 August 2012
it is unfathomable to imagine a cyber crime akin to an armed attack. the means employed in both are entirely different
