SACM - United Kingdom
Permanent URI for this collectionhttps://drepo.sdl.edu.sa/handle/20.500.14154/9667
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Item Restricted The combined application of force under Article 2(4) and Article 51 of the United Nations Charter for cyber warfare: Examining and learning lessons from the Iranian cyber warfare threat to Saudi Arabia(Lancaster University, 2023-03) Alhamdan,Monirah; Sweeney, James; Easton, CathrienThis thesis is written by MONIRAH FAHAD ALHAMDAN on the combined application of force under Article 2(4) and Article 51 of the United Nations Charter for cyber warfare: Examining and learning lessons from the Iranian cyber warfare threat to Saudi Arabia. In the absence of formal international legal regulation on cyber warfare and cyber-attacks, countries must apply the traditional rules for determining whether an armed conflict exists (jus ad bellum) to this new type of conflict. Nonetheless, applying jus ad bellum norms to this issue is a very controversial matter. Article 2(4) of the UN Charter prohibits using force between states, whereas Article 51 makes an exception for self-defence against an armed attack. To what extent can these Articles be applied to prevent and punish the source of cyber operations? This and other questions will be discussed in this study. The International Court of Justice (ICJ) clarified the use of force in the Nicaragua case. Also, it recognised the right of self-defence in customary international law. Moreover, the present study is timely and significant because of the increased number of ‘cyber operations’ influencing other states, such as in the long-lasting regional struggle for power between Saudi Arabia and Iran. That regional struggle will provide the backdrop to this thesis, although global examples will also be examined. Also, to understand its responsibility and scope of cyber-attacks, this research will attempt to assess the lawfulness of the Security Council to authorize the use of cyber weapons as a tool to maintain peace and security in the world. This body of research will furthermore look into the jus ad bellum norms in Traditional Islamic Rules in a cyber-context. Moreover, it will help researchers do further research in applying international law norms to cyber operations. This thesis undertakes a robust doctrinal analysis of the existing exalt in this field and proposes some future developments. This thesis will not use measurements of quantity and amounts as its essential tools but instead a qualitative method.11 0Item Restricted International Human Rights, Cultural Relativism(Saudi Digital Library, 2023-11-06) Alsulami, Khalid Anas; Bowyer, RichardThe discourse of international human rights laws between universalism and the cultural relativism counterpart, has reemerged quite significantly in recent years not just in Saudi Arabia but also in other neighbouring countries. This is not confined to the middle east, and also affects countries which are facing huge societal changing around the world, similar to those emerging in the Kingdom. The notion of international human rights to be applied universally is deeply stated in the universal declaration of human rights (UDHR), and other core IHRLs, particularly in norms are related to culture. The basic element of the universalists is international human rights laws are applicable to every society and every individual in everywhere, regardless of their culture, language, believe and other social differences. in other word, potentially it could has seen practically from relativists, as one approach of international human rights laws should be valid everywhere. On the other hand, cultural relativists claims that every society should have their own human rights laws, which represent people’s needs and dealing with their human rights violations in their ways, without external intervention in their culture, which could cause more damage of individual’s rights. The idea of relativity is deeply stressed by the Kingdom, when there is a belief that International Human Rights Law conflicts with Saudi’s culture and traditions. Therefore, this research tries to revise the two theories towards human rights laws, universalism and cultural relativism as they are understood in the context of Saudi Arabian culture and traditions.16 0Item Restricted Non-State Actors as Cyber Operation Participants: Extending the Law of State Responsibility to Non-State Actors Engaged in Cyber Operations and Attacks(Saudi Digital Library, 2023-11-30) Alqahtani, Mesfer; Elliot, WinterThe role of Non-State Actors in both International Law and International Humanitarian law, has presented an issue for legal scholars for some time, and as yet it is without a definitive answer. In the context of cyber operations, both at apparent times of peace and in times of international armed conflict, this adds a further layer of complexity to the attribution of State Responsibility for such attacks. Thus, within this study these issues are examined through looking at the international law of State Responsibility and attribution, with a focus on the changing customary norms and soft law instruments that could be adapted to assist States in accepting the positive obligation of customary International Law to take action to prevent and disrupt such attacks, as the “carrot” approach, and the assignment of responsibility to states for the actions of non-state actors (NSAs) through the doctrines of effective and overall control as the opposing “stick”. Furthermore, it looks at how a States lack of action can be considered “complicity” in order to frame up how the “soft law” instruments of the Draft Articles of State Responsibility and the Tallinn Manual on the International Law of Cyber Operations can combine to create a persuasive political and diplomatic international obligation upon States, which would serve to prevent, mitigate and disrupt State use of Non-State Cyber Actors as proxies in their covert cyber operations.14 0Item Restricted Border Control in Cyberspace? Exploring the Effectiveness of State Protection From Cyberattacks(Saudi Digital Library, 2023-10-28) Alzahrani, Khaled; Van Den Meerssche, DimitriIn the cyberspace dimension, the concept of sovereignty has faced significant scrutiny as cyberattacks continue to threaten state sovereignty and territorial control. This essay delves into the relationship between sovereignty violations, attribution challenges and the effectiveness of state protection in cyberspace. The traditional understanding of sovereignty, rooted in physical territory boundaries, falls victim to the cyberspace phenomenon, where the basis for the traditional understanding do not comply with the borderless nature of cyberspace. This makes it difficult for states to attribute attacks to specific actors as well as complications in claiming sovereignty violations. This essay will therefore discuss how sovereignty can be assimilated to cyberspace attacks and that a new understanding, using the Tallinn Manual 2.0, ought to be established. The process of attribution will also be discussed in depth regarding its applicability with cyberattacks in the current form and how best to enhance the attribution model. These two concerns lead us to briefly mention recent case examples of cyberattacks and how states have responded. Whether or not the responses achieve effective state protection is the overall aim of this essay. The first chapter will introduce the topic, following this we will discuss both sovereignty and attribution respectively, completing the essay with two case studies on the topic of effective protection from cyberattacks.31 0Item Restricted The Harmonisation of Cybercrime Laws Under the Budapest Convention; The Effects on the International Cybercrime Laws(2023) Alqarni, Abdulelah; Basu, SabhajitThe continued use of electronic commerce or transactions has brought an array of social-economic and legal issues that have raised substantial challenges in policing the internet globally. Most countries have implemented cybercrime laws as the primary strategy to minimise the incidence of cyber-related crimes within their jurisdictions. However, the effectiveness of individual laws on cybercrimes has always been in question, given the increase in such crimes under different jurisdictions. The Budapest Convention on Cybercrime has mainly been globally diffused and operates as a model law in drafting domestic cybercrime legislation in copious countries. The Convention aimed to create a global instrument that would handle cybercrimes effectively by harmonising cybercrimes internationally. As there is a need for different nations to harmonise their domestic laws and make reforms needed to address cybercrimes effectively.51 0