Can Anonymous Be Prosecuted? A Reflection Under International Law in the Framework of the Current Armed Conflict in Ukraine Cover Image

Can Anonymous Be Prosecuted? A Reflection Under International Law in the Framework of the Current Armed Conflict in Ukraine
Can Anonymous Be Prosecuted? A Reflection Under International Law in the Framework of the Current Armed Conflict in Ukraine

Author(s): Federica Cristani
Subject(s): Criminal Law, International Law, Security and defense, ICT Information and Communications Technologies, Peace and Conflict Studies, Russian Aggression against Ukraine
Published by: Ústav mezinárodních vztahů
Keywords: International law; Armed conflict in Ukraine; Cyber-criminal law; Anonymous;
Summary/Abstract: This reflection offers a concise analysis under national and international law of the cyber-operations carried out by Anonymous in the context of the ongoing armed conflict in Ukraine. It is highlighted that each one of the individuals acting as Anonymous is subject to the relevant national (cyber-criminal) law jurisdictions. Moreover, in the context of the war between Russia and Ukraine, they can be subject to the law of armed conflict. If their cyber-conduct amounts to “direct participation in hostilities”, they can even become targetable according to international humanitarian law. Also, when Anonymous directly participates in hostilities from a state that is not party to the armed conflict, the neutrality of non-belligerent countries can be challenged.

  • Page Count: 6
  • Publication Year: 2022
  • Language: English