International legal regime for cyber terrorism

下面为大家整理一篇优秀的assignment代写范文- International legal regime for cyber terrorism，供大家参考学习，这篇论文讨论了网络恐怖主义的国际法律。网络恐怖主义是传统恐怖主义与时代结合的产物，兼具了恐怖主义与网络犯罪的双重特征。网络恐怖主义的出现引起了各国以及国际组织的广泛关注，也为国际社会带来了新的挑战。从法律层面来看，目前国际社会未对网络恐怖主义的定义达成共识，所以没有针对网络恐怖主义的法律。这一现状，制约了各国通过国际合作打击网络恐怖主义，不利于国际社会的安全与发展。

At present, there is no uniform definition of cyber terrorism, and there are mainly the following viewpoints: "cyber terrorism is a politically motivated and attempted attack on information, systems, procedures and data by non-governmental organizations or some secret organizations, and thus causes violent activities against non-combat targets." This expression starts with the goal of cyber terrorism, namely, defining cyber terrorism by taking goal as orientation. "Cyberterrorism crime is the crime of introducing Internet technology into terrorist criminal activities and launching terrorist attacks through computers, the Internet or other network technologies." This view emphasizes that criminal means need to rely on Internet, computer and other related technologies, and the types of crimes are terrorist crimes, but do not include terrorist crimes targeted at computers themselves. The author believes that cyber terrorism is an activity or behavior by non-state actors or state actors with certain conditions, which USES network information technology means or serves as the target object to cause threats or panic to society or people for specific purposes.

Compared with traditional terrorism, cyber terrorism has the following characteristics: concealment. As network activities are usually carried out anonymously, this strong concealment brings some difficulties to network supervision, and also brings some difficulties to punish cyber terrorism criminals. The dispersion of Internet terrorism is mainly reflected in the dispersion of the perpetrators and the target of the attack. High efficiency, compared with traditional terrorist ACTS, cyber terrorism is more efficient, mainly reflected in the aspects of organization and planning and the realization of goals. Low cost. Compared with traditional terrorism, the operation cost of cyber terrorism is low. Both in terms of time cost and money cost are much lower than traditional terrorism, the actor only needs to have certain skills to carry out cyber attacks, which may have extremely serious consequences.

The anti-terrorism legal norms within the UN system and the cybercrime convention 2001 are important international legal norms and regional international conventions against terrorist crimes. These laws or conventions do not fully apply to cyber terrorism. Therefore, this chapter mainly discusses the UN anti-terrorism laws and regulations and the international crime convention 2001 to analyze the international legal system of cyber terrorism.

The United Nations and its specialized agencies have sponsored 19 international counter-terrorism conventions. These counter-terrorism conventions provide the basis of international law for countries to punish specific terrorism and play an effective role in strengthening international counter-terrorism cooperation. However, these laws, regulations and conventions have some problems in regulating cyber terrorism, which are mainly reflected in the following aspects:

Generally accepted definition of cyber terrorism is an important premise for the international community to regulate it uniformly. At present, the international community has not reached a clear consensus on the definition of cyber terrorism.

At present, there is no targeted unified international legislation on cyber terrorism. Although the 19 international anti-terrorism conventions mentioned above can also be applied to cyber terrorism under certain circumstances, they are not specialized conventions, so the accuracy of law application is relatively weak, and it is difficult to provide direct guidance for regulating cyber terrorism.

There is no unified international law to regulate cyber terrorism, and the most direct and effective way to regulate cyber terrorism still depends on domestic legislation. However, in view of the decentralized characteristics of cyber terrorism, the perpetrators of cyber terrorism can theoretically carry out cyber terrorism ACTS in any country or region with the help of computers. In this case, it is obviously insufficient to rely only on domestic laws.

The convention aims to strengthen international cooperation to enhance the capacity to combat cybercrime, providing a direct basis of international law for states parties to combat cybercrime, as well as an important reference for other countries or regions to implement domestic or regional legislation, playing a positive role to some extent. But the cybercrime convention also has the following drawbacks:

The convention is mainly formulated by the European Union, the United States, Japan and other countries. It mainly reflects the interests and practical needs of the above-mentioned countries with relatively high level of cyber development and similar cyber development degree and values, and fails to fully reflect the objective needs of developing countries and emerging countries to fight against cyber terrorism.

The formulation of the convention on cybercrime is early, and the forms of cybercrime stipulated by the convention can only reflect the background of The Times at that time. The rapid development of network information technology has brought a huge impact on the convention on cybercrime, and the existing charges can hardly meet the needs of reality.

The cybercrime convention is not a convention to regulate cyberterrorism. The author thinks that, the network terrorism as one of the forms of cyber crime, in theory can be applied to its the convention, but given the network ACTS of terrorism ELieXing and the severity of the consequences of the subjective aspect, its behavior has significantly beyond the convention by the category of 9 kinds of crimes, if still with "convention on the regulation of related behavior terms of ordinary Internet crime punishment, is easy to cause the does not adapt the offense, demands of cyber terrorists will also have been significantly weakened.

In September 2001, the UN security council adopted resolution 1373, which reaffirmed its rights under the UN charter of 1945. The resolution is considered a milestone in the UN's campaign against terrorism. However, the security council resolution also has the following problems:

In terms of content, the resolution does not directly point out that terrorists use the Internet and other information and communication technologies to carry out terrorist ACTS. Instead, it calls on all countries to exchange intelligence on the use of communication technologies by terrorist groups as soon as possible. It can be seen that this resolution lacks a clear definition of cyber terrorism, and at the same time, it also quotes the words of "appeal", which are not mandatory and imperative.

In terms of purpose, a series of terrorist ACTS carried out or ready to be carried out by terrorists using the network are consistent with the objectives of traditional terrorist ACTS. It can be argued that the measures required of states under resolution 1373 also include measures against ACTS of cyber terrorism. The security council only asks countries to take measures and lacks tracking and monitoring of their implementation.

To sum up, the UN anti-terrorism legal norms based on the existing anti-terrorism conventions and protocols and security council resolutions have provided an important basis of international law for international cooperation in combating cyber terrorism. But at present, there is no global convention on cyberterrorism. With the increasing challenges brought by cyber crimes, the anti-terrorism legal norms within the UN system cannot provide sufficient and effective legal basis for combating transnational cyber terrorism crimes.

Our criminal law provides for computer crime and terrorism crime respectively. However, as for the combination of the two, the law of our country has not clearly defined its legal nature. The author thinks that the criminal law of our country should classify the cyber terrorism crime as the terrorism crime, identify as the latter subset and regulate it.

From the perspective of constituent elements, cyber terrorism fully meets the constituent elements of terrorism. Because network terrorism is the product that combines new era characteristic. Therefore, traditional terrorism is not enough to cover the whole connotation of cyber terrorism. On the one hand, cyber crime has various forms, and cyber terrorism is only one of them. On the other hand, cyber crimes cannot fully cover cyber terrorism crimes in the aspects of behavior mode, harmful results, subjective motivation and violation of legal interests. Therefore, if it is classified as a cyber crime in the criminal law, there is a suspicion of overgeneralization.

From the aspect of conviction and sentencing, it is not suitable to classify it as cybercrime. The criminal law classifies computer crime as a crime of disturbing public order and terrorism crime as a crime of endangering public security, and the conviction and punishment of the latter is significantly heavier than that of the former. As a combination of the two, cyber terrorism not only disturbs public order, but also endangers public security. If the Internet terrorism is classified as a cyber crime, it may appear that the punishment is not suitable. To sum up, the author thinks that it is reasonable to regulate the Internet terrorism as a terrorist crime in criminal law for the identification of its legal nature. However, it must be admitted that the form of cyber terrorism crime also conforms to the characteristics of cyber crime, so that in the case of imperfect legal provisions, it may even be necessary to apply the relevant provisions of cyber crime to regulate some cyber terrorism ACTS.

Article 3 the anti-terrorism act of "terrorism" puts forward the definition, but the anti-terrorism act legislation purpose is to fully mobilize social forces to guard against terrorist activities rather than criminal sanctions, and the regulation on the magnitude of the punishment and criminal law, there is a big gap about the definition is difficult to directly use by criminal law applicable, terrorism and criminal law itself did not put forward clearly defined, the specific definition of terrorism is not just network shows that their attitude. Therefore, the current legislation has not yet defined the boundaries and manifestations of cyber terrorism. As for the anti-terrorism act itself, the definition of "terrorist activities" in article 3 of the act also has some defects. Article 120, paragraph 3, of the criminal law stipulates the conviction and sentencing of ACTS advocating terrorism, extremism and inciting terrorist activities. But in reality, whether there will be a glorification of terrorism, then how to regulate the law? There are still gaps in legislation, which need to be improved.

The definition of cyber terrorism should be clarified, the constituent elements should be improved, and the boundary of the act should be determined, so as to provide precise guidance for regulating the act. The definition of "terrorism" stipulated in article 3 of the anti-terrorism law has certain reference value. However, due to the low level of the law, it is difficult for the content of the law to be directly adopted by the criminal law. Therefore, it can be considered to include this article in the criminal law to improve its legal status and thus enhance the applicability of law. On this basis, other concepts related to terrorism, such as terrorist activities and terrorists, should be clarified.

Introduce supporting laws and regulations to fill the legal gap. In view of the current situation that China's laws are unable to regulate praise, beautify, defend and absolve Internet terrorist activities, we can consider formulating separate laws and setting serious standards of circumstances so as to meet the requirements of crime and punishment. In addition to improving the criminal law, more attention should be paid to the cooperation of various legal measures, and the combined punishment and non-punishment methods should be combined to fight against the terrorist activities on the Internet.

China is one of the five permanent members of the UN security council and the largest developing country. On the one hand, should actively promote and participate in dominated by the United Nations to crack down on Internet the formulation of global terrorism convention, on the other hand also want to more effectively play a role of developing countries, in the cyberspace international anti-terrorism rules for the common interests of developing countries, and occupy the network technology advantages of the developed countries to maximize consensus on some of the core issues. Second, in regional cooperation, China should also take an active part in leading the fight against terrorism.

Finally, importance should be attached to the role of international organizations. In addition to the United Nations, China should also strengthen cooperation with other international organizations, such as the European Union, Interpol and the Shanghai cooperation organization, and make full use of the resources of international organizations, so as to combat cyber terrorism more effectively.

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