La légitime défense en droit international public moderne: (le droit international face à ses limites)
In: Bibliothèque de droit international 59
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In: Bibliothèque de droit international 59
In: Bibliothèque de droit international 59
In: Journal du droit international: Clunet, Band 110, Heft 4, S. 728-762
ISSN: 0021-8170
In: Collection de la Faculté de Droit et des Sciences Sociales 27
In: Droit et sciences politiques
In: Droit international
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
BASE
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
BASE
This thesis is the result of an ethnographic study conducted between 2011 and 2012, primarily through participant observation, on certain defense practices that have emerged in recent years in Egypt and contributed to a "revolutionary" security market. Self-defense classes (difā'a 'an al-nafs), the popularity of which has continued to grow since 2011 in socially affluent districts of Cairo, are at the heart of this research. The dissertation conceives of self-defense trainings as not only revealing but also producing "revolutionary" physical and technical repertoires in which the emotional, gendered, social and moral dimensions of the period's political upheavals are embodied. Women – but sometimes also men – come to the self-defense classes to acquire combat skills such as throwing kicks and punches, learning to face aggressors using specific objects and bodily techniques. The notion of "play" is used as a theoretical tool for drawing together and analyzing the different levels of meaning of the paradoxical experiences observed in these classes. The ethnography allows for a better understanding of the evolution of urban sociability, the transformation of representations and uses of violence, and the reconfiguration of gender and class relations in contemporary Egyptian society. By making visible the technical dimension of how individuals deal with power and the socially and sexually situated modalities by which categories such as "legitimacy" and "illegitimacy" are produced with respect to violence, self-defense constitutes a valuable vantage point from which to contribute to an anthropology of the Egyptian revolution. ; Depuis 2011, la révolution égyptienne et ses contrecoups ont suscité au Caire l'émergence d'un véritable marché de la sécurité. Cette thèse est le fruit d'une enquête ethnographique, menée en observation participante, relative à différentes pratiques de défense ayant émergé dans ce cadre. Les cours de self-défense (difā'a 'an al-nafs), dont le succès ne cesse de se confirmer dans les quartiers ...
BASE
This thesis is the result of an ethnographic study conducted between 2011 and 2012, primarily through participant observation, on certain defense practices that have emerged in recent years in Egypt and contributed to a "revolutionary" security market. Self-defense classes (difā'a 'an al-nafs), the popularity of which has continued to grow since 2011 in socially affluent districts of Cairo, are at the heart of this research. The dissertation conceives of self-defense trainings as not only revealing but also producing "revolutionary" physical and technical repertoires in which the emotional, gendered, social and moral dimensions of the period's political upheavals are embodied. Women – but sometimes also men – come to the self-defense classes to acquire combat skills such as throwing kicks and punches, learning to face aggressors using specific objects and bodily techniques. The notion of "play" is used as a theoretical tool for drawing together and analyzing the different levels of meaning of the paradoxical experiences observed in these classes. The ethnography allows for a better understanding of the evolution of urban sociability, the transformation of representations and uses of violence, and the reconfiguration of gender and class relations in contemporary Egyptian society. By making visible the technical dimension of how individuals deal with power and the socially and sexually situated modalities by which categories such as "legitimacy" and "illegitimacy" are produced with respect to violence, self-defense constitutes a valuable vantage point from which to contribute to an anthropology of the Egyptian revolution. ; Depuis 2011, la révolution égyptienne et ses contrecoups ont suscité au Caire l'émergence d'un véritable marché de la sécurité. Cette thèse est le fruit d'une enquête ethnographique, menée en observation participante, relative à différentes pratiques de défense ayant émergé dans ce cadre. Les cours de self-défense (difā'a 'an al-nafs), dont le succès ne cesse de se confirmer dans les quartiers ...
BASE
In: Politique étrangère: PE ; revue trimestrielle publiée par l'Institut Français des Relations Internationales, Heft 3, S. 674-675
ISSN: 0032-342X