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Cyber Security: An International Security Issue with No Solution?

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Photo Credit: Download Detector

On Friday, October 20th, malicious cyber attacks prohibited access to major websites like Twitter, PayPal, and Amazon in intermittent locations throughout the U.S. and abroad. Experts determined the attacks are the result of a virus that infected thousands of users’ internet-connected devices through webcams and video recording devices. This method of hacking is both complicated and sophisticated, which makes it difficult to prevent within the general population of internet product users.

While both the F.B.I. and the Department of Homeland Security announced investigations into the incident, public response to the attacks demonstrates mounting uneasiness about cyber security. Coming on the heels of the Democratic National Committee hacks this summer, Friday’s attacks raise questions about cyber security and the proper response by both national and international bodies. The Department of Homeland Security did issue a warning about the virus code last week, but this ultimately was not enough to remedy the security gaps in consumers’ devices. Some in the industry have assigned blame to the producers of such devices, but many now contend that the issue of cyber security is an international issue that must have an international solution.

Because cyber attacks of international scope are a relatively new phenomenon, the U.N. Charter does not explicitly provide for a procedure to address their consequences and effects. As such, it remains unclear what kind of responses to cyber attacks would be legal under international law. Most likely an issue of self-defense, article 51 of the U.N. Charter provides that, “Nothing in the present charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations. . . .” Cyber attacks, however, are certainly not “armed” attacks in the traditional sense, so any retribution framed in terms of self-defense may not prove to be a successful argument under the Charter. As international law currently stands, cyber security suffers from a noticeable gap.

Governments could also seek to impose sanctions and countermeasures against the perpetrators of cyber attacks, but this strategy poses an additional issue. Because these attacks are designed to preserve the hackers’ anonymity, attributing the attacks to a foreign government is extremely difficult. Attributions would necessitate an investigation into the level of complicity the foreign government had in the individuals’ hacking efforts, which could range from explicitly contracting for their services or neglecting to shut down suspected offenders. Further, the possible development of automated or “robot” hackings make punishing even individual offenders a complicated affair.

Because cyber attacks are likely to only increase in severity and frequency as technology and hackers become more advanced, the international community may be forced to address the issue in setting a clear legal precedent for the aftermath of incidents like Friday’s blackout.

Jane Rugg is a 2L at the University of Denver Sturm College of Law, and she is currently the Event Coordinator for the Denver Journal for International Law and Policy.

Posted in 1TVFA Posts, 2Featured Articles, DJILP Staff, Jane RuggComments (0)

A Bittersweet Ending to the Longest Civil War in Latin America: Colombia-FARC

Photo Credit: Federico Rios/Native - NYTimes

Photo Credit: Federico Rios/Native – NYTimes

Colombia has struggled for decades to combat the illegal drug trade, terrorism, and violence that FARC (Fuerzas Armadas Revolucionarias de Colombia) has contributed to since 1966. Known for being one of the richest guerrilla armies in the world,  FARC has approximately 8,000 rebel fighters that control many rural areas in the south and eastern portions of the country. Most of the economic support for this guerrilla group comes from the illegal drug trade, profits from high profile kidnappings, extortion, and “taxes” it collects from those individuals who reside in areas that they control.

Many administrations have tried to bring peace to Colombia by eradicating, fighting, and even negotiating with FARC, none of which have been successful until President Juan Manuel Santos came into office. On August 24, 2016, the Colombian government announced a cease fire peace deal with FARC rebels, putting an end to the 50-year conflict. In the same peace deal, the FARC agreed to set free the children soldiers they kidnapped and enslaved to serve in its army.

But what did Colombia and its government really have to sacrifice in order to strike this peace deal? FARC is known to have committed massacres, kidnapped, extorted, and forced children into labor and servitude. These crimes are internationally condemned. However, now that this treaty will be put in place, those FARC members who will confess to their crimes, will get reduced sentences, in many instances community service. Is community service a fair punishment for those who have committed human rights violations for 50 years?

Colombian Ex-President doesn’t seem to think so. Alvaro Uribe, has publicly criticized the cease-fire as an amnesty and has accused President Santos of being a traitor. Part of this criticism is rooted in the idea that the peace deal seeks to reintegrate FARC members into society and transition members from war-mongering guerrillas to a peaceful political movement. Can that be classified as impunity? President Santos claims that the individuals responsible for violent crimes will receive punishment commensurate with the crimes they committed. That is yet to be seen.

A large percent of the Colombian population seems to be in favor of the deal. However, a point of contentious negotiations that has not been agreed to, has been FARC surrendering its control of drug trafficking in the region. As the United States State Department has illustrated, FARC is responsible for the production and distribution of several tons of cocaine entering the U.S. every year.

The world continues to watch the negotiations and execution of this peace deal. Those who are watching closely, are human rights watch groups and foreign administrations looking to see if this deal amounts to impunity for human rights violations.

Posted in 1TVFA Posts, DJILP Staff, Sandra OrtegaComments (0)


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