{"title":"虚拟团体与武装冲突的触发","authors":"Marie Thøgersen","doi":"10.1163/15718107-92030003","DOIUrl":null,"url":null,"abstract":"Abstract The article examines how virtual groups can trigger an armed conflict, and thus, the application of international humanitarian law ( ihl ). The emergence of non-State actors as central players in cyberspace, together with the increasing use of cyber operations in conflicts, makes the regulation of non-State actors in armed conflicts a topical issue. The triggering provisions in ihl require a level of organization of non-State groups, which do not necessarily resonate with the realities among virtual groups. To determine if the triggering provisions allow for a reinterpretation to fit better the potentially differently structured virtual groups, the article scrutinizes the legal bases for the organization requirements in the respective provisions and identities the underlying rationales. The article concludes that the legal bases for the organization requirement in the three provisions are distinct, but that none of them currently allows for reinterpretation.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Virtual Groups and the Triggering of Armed Conflicts\",\"authors\":\"Marie Thøgersen\",\"doi\":\"10.1163/15718107-92030003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The article examines how virtual groups can trigger an armed conflict, and thus, the application of international humanitarian law ( ihl ). The emergence of non-State actors as central players in cyberspace, together with the increasing use of cyber operations in conflicts, makes the regulation of non-State actors in armed conflicts a topical issue. The triggering provisions in ihl require a level of organization of non-State groups, which do not necessarily resonate with the realities among virtual groups. To determine if the triggering provisions allow for a reinterpretation to fit better the potentially differently structured virtual groups, the article scrutinizes the legal bases for the organization requirements in the respective provisions and identities the underlying rationales. The article concludes that the legal bases for the organization requirement in the three provisions are distinct, but that none of them currently allows for reinterpretation.\",\"PeriodicalId\":34997,\"journal\":{\"name\":\"Nordic Journal of International Law\",\"volume\":\"6 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-13\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Nordic Journal of International Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718107-92030003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Nordic Journal of International Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718107-92030003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Virtual Groups and the Triggering of Armed Conflicts
Abstract The article examines how virtual groups can trigger an armed conflict, and thus, the application of international humanitarian law ( ihl ). The emergence of non-State actors as central players in cyberspace, together with the increasing use of cyber operations in conflicts, makes the regulation of non-State actors in armed conflicts a topical issue. The triggering provisions in ihl require a level of organization of non-State groups, which do not necessarily resonate with the realities among virtual groups. To determine if the triggering provisions allow for a reinterpretation to fit better the potentially differently structured virtual groups, the article scrutinizes the legal bases for the organization requirements in the respective provisions and identities the underlying rationales. The article concludes that the legal bases for the organization requirement in the three provisions are distinct, but that none of them currently allows for reinterpretation.
期刊介绍:
Established in 1930, the Nordic Journal of International Law has remained the principal forum in the Nordic countries for the scholarly exchange on legal developments in the international and European domains. Combining broad thematic coverage with rigorous quality demands, it aims to present current practice and its theoretical reflection within the different branches of international law.