Regulatory Framework for the Use of Cyber Mercenaries under International Law

Al-Bayati, Mustafa Amid

doi:10.37651/aujlps.2023.144035.1097

	Regulatory Framework for the Use of Cyber Mercenaries under International Law
Journal of Anbar University for Law and Political Sciences
Article 36, Volume 14, Issue: 1 part 1, March 2024, Pages 1052-1080 PDF (758.1 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2023.144035.1097
Author
mustafa amid Al-Bayati^*
University of Kufa - College of Law
Abstract
The emergence of a new type of mercenary, represented by cyber mercenaries, especially with the subject's lack of international regulation, has led many States to use and purchase their services for the range of advantages offered by such use, since attacks by cyber mercenaries pose a challenge to the concept of direct participation in hostilities provided for in the article. (47) of Additional Protocol I to the Geneva Conventions, since the port of the cyberattack may be far from confrontational, yet it does harm directly and significantly to the other party. The use of cybercrime mercenaries is a real challenge to accountability and punishment, for the difficulty of identifying the mercenary and establishing the link between him and the user. We have adopted the analytical curriculum in our study of the research topic and have concluded a number of results, the most important of which is, International conventions dealing with mercenaries, such as Additional Protocol I to the 1977 Geneva Conventions, The 1977 OAU Convention on the Elimination of Mercenarism in Africa, The 1989 International Convention against the Recruitment, Use, Financing and Training of Mercenaries was all incomplete and inadequate in defining the concept of mercenary because it did not cover all forms of mercenarism, especially modern ones, and because it took the traditional approach established under the article.
Keywords
Cyber mercenaries; ،Cyber attacks; ؛; ،Cyberspace

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