Shinkaretskaya G.G. —
The Problem of Defining a Cyber Attack
// International Law. – 2023. – ¹ 2.
– P. 10 - 21.
DOI: 10.25136/2644-5514.2023.2.40051
URL: https://en.e-notabene.ru/wl/article_40051.html
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Abstract: The author discusses problematic aspects in terms of developing a definition of a cyber attack. It is noted that such illegal actions capable of disabling nuclear centrifuges, air defense systems and electrical networks, etc., undoubtedly pose a serious threat to national security. In fact, in their destructive power, cyber attacks are approaching armed action. There are no treaties or other normative documents in international law that can regulate international cooperation in the prevention and limitation of cyber attacks. A new comprehensive legal framework, both at the domestic and international levels, is needed to counter cyberattacks more effectively. The importance of using theoretical and legal developments in the field of information security in law-making activities is fixed. International efforts to regulate cyberattacks should begin with an agreement on the definition of cyberattack, cybercrime and cyberwarfare. This would lay the foundation for expanding international cooperation in the field of information exchange, evidence collection and criminal prosecution of persons involved in cyber attacks, and more importantly, for a new international legal act on cyber attacks. The author presents some recommendations for further improvement of legal measures to counteract epistemological wars.
Shinkaretskaya G.G. —
Obtaining and evaluating evidence at the International Criminal Court
// Law and Politics. – 2022. – ¹ 4.
– P. 43 - 54.
DOI: 10.7256/2454-0706.2022.4.37295
URL: https://en.e-notabene.ru/lpmag/article_37295.html
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Abstract: The article refers to the prominent role of the International Criminal Court as an organ of international justice. The author emphasizes the defining role of the Statute of the International Criminal Court as a document in which the legal foundations of activity are formulated and the basic procedural rules that guide the Court in its practice are developed. The importance of the Regulations in the implementation of procedural actions, which are reduced to a detailed and in-depth proof of certain facts submitted to the court, is shown. The methodological basis of the study is a normative, comprehensive, systematic approach to the analysis of the rule of law established by the constituent documents of the International Criminal Court. It is indicated that the constituent documents of the international judicial institution provide, among other things, detailed regulation of the presentation and evaluation of evidence. The author pays special attention to the fact that the provision and evaluation of evidence in the International Criminal Court should be organized in such a way as to provide an opportunity to render a judicial verdict impartially and taking into account all information on the legal grounds under consideration. The article examines certain procedural norms of the Rome Statute and the Rules of the International Criminal Court. The significant role of the Rules of Procedure and Evidence, which are a key tool for the application of the Rome Statute of the International Criminal Court, is shown.
Shinkaretskaya G.G., Berman A.M. —
Cyber-attacks – an unlawful use of digital technologies
// International Law. – 2022. – ¹ 1.
– P. 40 - 50.
DOI: 10.25136/2644-5514.2022.1.37271
URL: https://en.e-notabene.ru/wl/article_37271.html
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Abstract: This article notes that cyber-attacks, i.e. disruption of the information systems of persons, companies or countries, are a new type of criminal activity. International law does not yet have does not have normative documents that regulate the procedure of countering cyber-attacks. It is complicated by the fact that in the international law the grounds for taking coercive measures against other country is aggression (armed attack), which confers the right to individual or collective self-defense of the country. It is indicated that the doctrine legitimizes drawing parallels between common operation that are classified as the resorting to force, and the corresponding cyber operations. As the criterion of aggression, it is offered to use the assessment of the scale of attack and severity of consequences. The difficulty in qualifying the cyber-attack also lies in open architecture of the Internet, which allows billions of users worldwide to interact with each other. The aforementioned aspect also allows the hackers to hide their identity or even use someone else's device without their knowledge. All these difficulties aggravate if cyber operations are conducted by or on behalf of the countries. In fact, the cyber-attack participants do not bear any consequences for their actions. It is claimed that modern international law suggests both, intraterritorial or extraterritorial jurisdiction.
Shinkaretskaya G.G. —
Evidence in the procedure of the International Court of Justice: conceptual aspects
// International Law and International Organizations. – 2022. – ¹ 1.
– P. 11 - 23.
DOI: 10.7256/2454-0633.2022.1.37283
URL: https://en.e-notabene.ru/mpmag/article_37283.html
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Abstract: This article notes that the grounded decision of any international court depends on the selection and evaluation of evidence and proof of witness, since the International Court of Justice delivers its judgment binding on sovereign states involved in the dispute. Unlike the national courts that strictly regulate the procedure for selection and evaluation of evidence by normative legal documents, the international courts have more freedom in this respect. From such perspective, considerable interest draws the International Court of Justice, which serves as a model for the establishment and operation of all other international judicial institutions. The author observes that the question of evidence gains particular importance due to the need for taking into account a vast array of natural scientific, economic and social data in the international disputes. In the selection of facts or other evidence pertaining to the case, emphasis is placed on correlation between the authority of the International Court of Justice and the countries involved in the dispute. The court, using its discretion, delivers a judgment for its own benefit. It is worth noting that although in recent years the Court focuses rather on the data analysis for convincing parties, the countries are inclined to accept it. With regards to the question of admissibility of the data, this is virtually an exclusive competence of the International Court of Justice.
Shinkaretskaya G.G. —
Public international law and private international law in the practice of international courts
// International Law and International Organizations. – 2019. – ¹ 4.
– P. 78 - 88.
DOI: 10.7256/2454-0633.2019.4.29394
URL: https://en.e-notabene.ru/mpmag/article_29394.html
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Abstract: Public international law and private international law represent two different legal systems. Their interrelation is traced in the practice of two reputable international courts – the Permanent Court of International Justice and the International Court of Justice. The author highlights the four most distinct cases of reference of international courts to the private international law: when there is a lacunae in the public international law, which may be filled through reference to the private international law; when the parties request the Court to fall back upon interpretation of the agreement on private international law prior to resolving the issue of public international law; when the public-legal principles and responsibilities of the parties derive directly from the domestic legislative acts regulating the private-legal questions; when the Court is asked to establish whether or not the execution of national legislation violates the norms of public international law.
Shinkaretskaya G.G. —
Legal issues of environmental protection of the Caspian Sea
// International Law and International Organizations. – 2019. – ¹ 1.
– P. 10 - 19.
DOI: 10.7256/2454-0633.2019.1.28881
URL: https://en.e-notabene.ru/mpmag/article_28881.html
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Abstract: The author examines the aspects of environmental component of legal regulation of the Caspian Sea, the largest landlocked body of water on Earth. The cooperation of littoral states with regards to its environmental protection is complicated by the fact that after the dissemination of USSR, instead of two countries – Iran and Soviet Union, there have formed five countries interested in hydrocarbon extraction from the bottom of Caspian Sea, which caused acute contradictions between them. In light of this reason, the validity of Tehran Framework Convention for the Protection of the Marine Environment of the Caspian Sea in encumbered. The signed in 2018 Convention on the Status of Caspian Sea, overall, follows the regulations of the United Nations Convention on the Law of the Sea of 1982. The author notes that the planned adoption of the obligatory document on environmental protection and sustainable use of maritime biodiversity (as an addendum to the United Nations Convention on the Law of the Sea) can become a positive addition to the legal system existing in the Caspian Sea. The need is claimed for the expansion of further productive cooperation of the states, which interests in one or another way are affected by this problem.