The Military High-Ranking Officials Individual Criminal Responsibility in Cyber Aggressions and ICC Exercise of Jurisdiction over It (Proposing Media Approaches)

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Ostovar Maryam; Parszadeh Mohammad

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Journal Paper

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Journal: JOURNAL OF INTERNATIONAL MEDIA RESEARCH LETTERS Year:2021 | Volume:5 | Issue:2 Page(s): 159-180

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Information Journal Paper

Title

The Military High-Ranking Officials Individual Criminal Responsibility in Cyber Aggressions and ICC Exercise of Jurisdiction over It (Proposing Media Approaches)

Author(s)

Ostovar Maryam | Parszadeh Mohammad | Issue Writer Certificate

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Abstract

All of the world's criminal justice systems have recognized the content of the criminal responsibility of individuals for the violation of the rules that accomplish with punishment. So, the individual criminal responsibility, both in civil law and in international law, is one of the total principles of law. The present article seeks to answer this question with a descriptive-analytical method who is individually responsible for the cyber aggression? Findings of research represent that a computer network attack (CNA) can hardly be considered as an aggression crime in the category of existing aggressions of Article 8bis ICC Statute. But it seems that it can be examined as an aggression crime and the evident violation of United Nation Charter in ICC due to its nature, intensity and the range. According to the leadership clause contained in Article 8 bis (1) Statute: "persons who located at different levels of the military hierarchy, effectively accomplish these attacks, are " cyber warriors" and they would not be criminally responsible under Article 8bis but their superior is responsible if he has the requisite leadership clause. So, individual criminal responsibility only arises with regard to "a person in a position effectively to exercise control over or to direct the political or military action of a state".

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APA: Copy

Ostovar, Maryam, & Parszadeh, Mohammad. (2021). The Military High-Ranking Officials Individual Criminal Responsibility in Cyber Aggressions and ICC Exercise of Jurisdiction over It (Proposing Media Approaches). JOURNAL OF INTERNATIONAL MEDIA RESEARCH LETTERS, 5(2 ), 159-180. SID. https://sid.ir/paper/1001782/en

Vancouver: Copy

Ostovar Maryam, Parszadeh Mohammad. The Military High-Ranking Officials Individual Criminal Responsibility in Cyber Aggressions and ICC Exercise of Jurisdiction over It (Proposing Media Approaches). JOURNAL OF INTERNATIONAL MEDIA RESEARCH LETTERS[Internet]. 2021;5(2 ):159-180. Available from: https://sid.ir/paper/1001782/en

IEEE: Copy

Maryam Ostovar, and Mohammad Parszadeh, “The Military High-Ranking Officials Individual Criminal Responsibility in Cyber Aggressions and ICC Exercise of Jurisdiction over It (Proposing Media Approaches),” JOURNAL OF INTERNATIONAL MEDIA RESEARCH LETTERS, vol. 5, no. 2 , pp. 159–180, 2021, [Online]. Available: https://sid.ir/paper/1001782/en

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