نوع مقاله : مقاله پژوهشی
نویسنده
استاد دانشکده حقوق دانشگاه شهید بهشتی تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Attacks on critical infrastructure, which has seen a significant rise in recent years, might be deliberate or unintentional. In either case, they lead to catastrophic consequences, in particular for civilians, and in some situations may amount to international crimes or even the deprivation of lives. Given these grave consequences, the current study addresses the main question of whether international law already contains rules prohibiting attacks on critical infrastructure or not. Since such attacks may take place during both armed conflict and peacetime, relevant international regulations must be examined in both contexts. It is also to be noted that, along with physical assaults, cyber operations can similarly target critical infrastructures. To answer this question, the first issue to consider is whether international law provides a definition of critical infrastructure. The research hypothesis is that, a customary definition of critical infrastructure can be identified under international law, and that attacks on such infrastructure are, in fact, prohibited during armed conflict and in times of peace. The findings of the study confirm the above research hypothesis, using the dogmatic and analytical method. The international community has recently started taking action to reinforce this prohibition by recognizing attacks on critical infrastructure as a war crime. Nevertheless, while the definition of critical infrastructure and the rules prohibiting attacks on it are reasonably clear, international law provides no explicit regulation concerning state construction projects that cause severe disruption to the critical infrastructure of neighboring states.
کلیدواژهها [English]
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