A Comparative Study Of Judicial Trends In Cyber Security Laws With Respect To The International Court Of Justice And International Criminal Court
- IJLLR Journal
- 8 hours ago
- 1 min read
Falguni Sharma, SoL, Manav Rachna University
One country’s territory should not be used for acts contrary to the rights of other states
ABSTRACT
This paper examines how cybersecurity laws are interpreted and enforced by the International Court of Justice (ICJ) and the International Criminal Court (ICC). As cyber threats become more complex, it is essential to develop robust legal mechanisms to address both state responsibility and individual liability. The ICJ primarily deals with state obligations under international law, particularly focusing on the "no harm" principle, which mandates that states must prevent their territories from being used for harmful cyber activities. In contrast, the ICC focuses on individual accountability for crimes that involve cyber operations, linking cybercrime with international criminal law. By analysing key cases and legal doctrines from both courts, this study evaluates their impact on global cybersecurity governance. It further highlights the ways in which international law is adapting to the complexities of cyberspace and suggests potential avenues for enhanced international cooperation to combat cyber threats. In India, the evolution of cyber law is not limited to legislation; it is a vital component of national security, economic resilience, and privacy protection. Therefore, collaboration among policymakers, cybersecurity professionals, and the global community is crucial for aligning digital progress with security needs. This study critically assesses the Indian Information Technology Act, 2000 (IT Act), in the context of emerging cybercrimes and data protection challenges in the digital age.
Keywords: Cybersecurity, ICJ, ICC, International Law, Cybercrime, Information Technology Act, India, State Responsibility, Individual Accountability.
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