비국가행위자의 사이버공격에 관한 국제법적 연구

• 영문명: A Study on Cyber Attacks by Non-State Actors under International Law
• 발행기관: 국제법평론회
• 저자명: 오현철(Oh, Hyeon Cheol)
• 간행물 정보: 『국제법평론』제45호, 171~185쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.09.30

영문 초록

Cyberspace will become a main front in both irregular and traditional conflicts. Enemies in cyberspace will include both states and non-state actors and will range from the unsophisticated amateur to highly trained professional hackers. Through cyberspace, enemies will target industry, academia, government, as well as the military in the air, land, maritime, and space domains. One of most prominent features of the global Issue is the significant surge in numbers and importance of non-state actors. The rise of these non-state actors and their growing involvement in world politics challenges the assumptions of traditional approaches to international relations which assume that states are the only important unites of the international system. Traditionally, the principal actors of war and conflict on the would stage were nation-states. Nation-states, or states, have a legally recognized status among the international community, Non-state actors, on the other hand, lack such legal status. Nevertheless, since World War Ⅱ, the world has experienced a significant increase in non-state actors becoming actors in world politics and war. Today, the cyber warfare from non-state actors currently dominates the cyber battlefield. With an increasing number of cyber attacks originating from sophisticated cyber criminals, hackivists, and State-sponsored patriotic hackers, a new era of cyber warfare is emerging. This article argues that existing international laws of war are inadequate and need to be adjusted and clearly defined to include cyber attacks involving state and non-state actors.

목차

Ⅰ. 서 론

Ⅱ. 비국가행위자에 의한 사이버 공격의 개념과 법적 성격

Ⅲ. 비국가행위자의 사이버공격에 대해 적용 가능한 국제법리

Ⅳ. 비국가행위자의 사이버범죄에 대한 국제법적 대응방안

Ⅴ. 결 론

키워드

Non-State Actors Fourth Generation War Cyber Attack Use of Force Right of Self-defence Cyber Crime Convention on Cybercrime