Threshold for the use of Force in Cyberspace – Position in India


Authors : Pratishtha Majumdar.

Volume/Issue : Volume 3 - 2018, Issue 3 - March

Google Scholar : https://goo.gl/DF9R4u

Scribd : https://goo.gl/3t4Ab7

Thomson Reuters ResearcherID : https://goo.gl/3bkzwv

The concept of cyber warfare, cyber crimes, use of force and cognate issues are evolving and open to sundry discussions and further criticisms. The terms have not been defined in a way that could be adopted internationally but have been interpreted by various experts on the basis of certain categories like intention and gravity. The concept of use of force is partly clear as per some provisions mentioned in the UN Charter and other Manuals, but when do cyber crimes enter the ambit of use of force is still obscure. The paper examines the Tallinn Manual in detail as to its operations in the cyber space, the various criticisms made and its applicability around the world, especially India. Special focus has been given to the Indian scenario, which is not very good in terms of cyber activities. Suggestions have been made to ameliorate the same and how the things could be dealt with. The paper is going to deal with the contemporary issues of Cyber crime, cyber warfare and use of force in detail. It will also discuss whether cyber warfare is a use of force and some concepts embodied in the Tallinn Manual which deals with cyber conflicts.

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