Cyber war and the position of international humanitarian law


  • Dr. Hamid Mohammed Ali Al-Baldawi . Al-Imam University College / Balad, Department of Law


- Cyber war. - international humanitarian law. - cyberspace.


Abstract:  The last decade has witnessed rapid developments in the field of information technology, leading to far-reaching changes in almost all areas of life. Cybercrime has continued to grow over the years as new crimes have been introduced into the deep Internet. The trend in recent attacks around the world has shown how diverse the perpetrators are and what they can do. The impact on organizations around the world cannot be emphasized. Cyber laws have also been incorporated over the years to be implemented at various levels and jurisdiction. The trend has called for attacks and the growing need among culprits for concerns about what cybercrime laws have done to curb growing crime. In this research, we will look at cybercrime and cyber laws in order to be able to make laws more effective and apply them in preventing more cybercrime.                                                                                                                                                                                               


First, the Arabic sources:

- Ahmed Abbes Nima Al-Fatlawi: Cyberattacks, an analytical legal study on the challenges of their contemporary regulation, 1st edition, Zain Legal Publications, Beirut, 2018.

- Ahmed Abis Nima Al-Fatlawi, The Problem of Conventional Weapons between the Efforts of the International Community and Public International Law, Zain Legal and Literary Library, first edition, Beirut, 2013.

- Jamil Abdel Baqi Al-Saghir: Procedural Aspects of Internet-Related Crimes, Dar Al-Nahda Al-Arabiya, Cairo, 2002.

- Suleiman Ahmed Muhammad Fadl: Legislative and security confrontation of crimes arising from the use of the international information network (the Internet), Dar Al-Nahda Al-Arabiya, Cairo, 2013.

- Adel Abdel-Al Ibrahim Kharashi: Problems of international cooperation in combating information crimes and ways to overcome them, New University House, Alexandria, 2015.

- Aladdin Shehata: Cooperation in the Field of Combating Crime, Etrak Publishing and Distribution, Cairo, 2000.

- Muhammad Amin Al-Roumi: Computer and Internet crimes, University Press House, Alexandria, 2003.

- Muhammad Niazi Hatata: Protecting public security and combating crime at the national, regional and international levels, national and global procedural controls and instruments of global guiding principles and international agreements, Part 1, Police College Press, Cairo, 1995.

- Mustafa Youssef Kafi: Crimes (corruption, money laundering, tourism, electronic terrorism, information technology), 1st edition, Arab Society Library for Publishing and Distribution, Jordan, 2014.

- Nabila Heba Harwal: Procedural aspects of cybercrimes in the evidence-gathering stage, a comparative study, Dar Al-Fikr Al-Jami’i, Alexandria, 2007.

- Nisreen Abdel Hamid Nabih: International Crimes and Interpol, Modern University Office, Egypt, 2011.

- Hana Ismail Ibrahim Al-Asadi: Terrorism and money laundering as one of its funding sources, a comparative study, 1st edition, Zain Legal Publications, Beirut, 2015.

Second: Theses, dissertations, and research.

- Ahmed Saad Muhammad Al-Husseini: Procedural aspects of crimes arising from the use of electronic networks, doctoral thesis, Faculty of Law, Ain Shams University, Egypt, 2012.

- Sarab Thamer Ahmed, Attacks on Computer Networks in International Humanitarian Law, doctoral thesis in public law, Al-Nahrain University, Faculty of Law, 2015.

- Abdul Qader Al-Shaikhli: The nature of electronic terrorism, a paper presented to the World Conference (Combating Terrorism), Kingdom of Saudi Arabia, on February 22-25, 2015.

- Kawthar Hazem Sultan: The position of the law and the judiciary on electronic (cyber)crime, a comparative study, research published in the Journal of the College of Basic Education, Al-Mustansiriya University, Iraq, vol. 22, no. 96, 2016.

- Muhammad Ali Salem, Hassoun Ubaid Hajij: Information crimes, research published in the Journal of the University of Babylon for Human Sciences, Volume 14, No. 2, Iraq, 2007.

- Mushtaq Talib Wahib: The concept of information crimes and the role of the computer in committing them, research published in the Journal of Legal and Political Sciences, University of Diyala, Volume 3, No. 1, 2014.

- Mustafa Essam Naous, State Sovereignty in Cyberspace, Sharia and Law Journal, United Arab Emirates University, College of Law, Twenty-Sixth Year, Issue 51, July 2012.

- Musab Al-Qatawneh: Special Criminal Procedures in Information Crimes, research submitted to the Jordan Electronic Legal Network, 2010.

Third: Websites:

- Joseph S. Nye, War and Peace in Cyberspace, Cambridge, 2012, available on the website, last visit on 12/20/2022 AD.

- Shaima Ibrahim, Global Fears of Cyber Attacks, article published on July 18, 2016. Available on the website: (last visit on 10/15/2022),

- The role of electronic warfare in real wars, an article published on March 24, 2010. On the website, last visit on 1/28/2023 p/t-28524.html.

- The Internet and hidden control... the prelude to an unprecedented war, an article published on November 5, 2010, available on the website: ) Last visit: 7/12/2021 AD.

- Dr. Samer Moayed Abdel Latif, Dr. Nouri Rashid Al-Shafi’i: The role of international organizations in combating digital terrorism, University of Karbala, 2016, p. 15, research published via the following link: 1, (last visit to the site on 2/2/2022 AD).

Fourth: Foreign sources:

- Oona' A.Hathway, Rebecca Crootof, Philip Levtiz, Aley Nix, Aileen Nowlan, William Perdue and Julia Spiegel, "The Law of Cyber- Attack", California Law Review, 2012, p.7.

- Norbert Wiener: Cybernetic or control communication in the animal and the machine, M.I.T, Press, Second Edition, Cambridge, Massachusetts, 1948.

- Julia Cresswell, “Oxford Dictionary of word Origins: Cybernetics”, Oxford Reference Online, Oxford University press, 2010.

- Richard Kissel, “Glassory of Key Information Security Terms”, National Institute of Standards and Technology, U.S. Department of Commerce, Revision, 2, May 2013, p.57.

- James A. Lewis, “Sovereignty and the role of government in Cyberspace,” Center for Strategic and International Studies Journal, spring summer, vol. XVI, Issue II, 2010, p.56.

- K.saalbach, “Cyber War, methods and practice”, Version 9.0, University of Osnabruck-17 Jun 2014, p.6.

- See Joshua E. Kastenberg, Non Intervention and Neutrality in cyberspace: An Emerging principle in the National Practice of International Law, 64 Air Force Law Review.

- Patrick W. Franzese, Sovereignty in Cyberspace: can it exist? Uni versity of Pennsylvania Law 6/20/2014 available at: cyberspacecan-it-exist. (last visit on 8/29/2016).

-See Jack L. Goldsmith & Tim Wu, Who controls the internet? Illusions of a borderless world, (Oxford Univ. Press, 2006).

-See Jack L. Goldsmith & Tim Wu, Who controls the internet? Illusions of a borderless world, op.cit, P. 147-61.

- Ellen Nakashima, list of cyber weapons developed by Pentagon to streamline computer warfare, the Washington post, published June 1, 2011…/2021/8 /16.

- Transcript of Remarks by Gen. K. Alexander at the center for strategic and international studies, Washington, D.C. (June 3, 2010) at 11, available at

-General Assembly, Developments in the field of information and Telecommunication in the context of international security, UN document A/RES/53/70, 4 January 1999.

- World summit on the information society: Geneva 2003-Tunis 2005.

-- U.N. Secretary General, Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunication in the Context of International Security, 4, U.N. Doc. A/65/20 (July 30, 2010).

-Markoff J. & Kramer A.E., in shift U.S. Talks to Russia Internet Security, New York Times, Dec., 12, 2009.

- Shanghai Cooperation Organization, Yekaterinburg Declaration of The Heads of The Member States of The Shanghai Cooperation Organization, Consulate General of Uzbekistan In New York City (July 9, 2009), Available at: /198293



How to Cite

., D. H. M. A. A.-B. (2024). Cyber war and the position of international humanitarian law. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 8(1), 303–328. Retrieved from