پژوهشهای حقوقی (Feb 2023)

Applying the Principle of Universal Jurisdiction to Crimes Against Cyber Security in International Aviation

  • Mahsa Sadat Zavarei,
  • Sadegh Salimi

DOI
https://doi.org/10.48300/jlr.2021.299970.1741
Journal volume & issue
Vol. 21, no. 52
pp. 65 – 89

Abstract

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Cyber- malicious activities in international aviation industry is a combination of two crimes: hijacking and cyber terrorism, which transnational and international nature can damage not only public order of the state, but it can also infringe upon international public order. Universal jurisdiction due to its loose connection to the state where the crime is committed and the state claiming jurisdiction, allows the states to seek protection of their credibility and security, and regardless of the state hosting the criminal(s)or the nationality of the perpetrator or the victim of the crime, allows them to prepare themselves for punishing perpetrator(s) and to identify and to hold malicious actors and their hosting countries accountable for cyber attacks against the aviation industry. Therefore, in this descriptive-analytical study, we seek to answer the question of what role and effects the exercise of universal jurisdiction has in the fight against cyber crimes related to aviation. And by studying the relevant documents and sources, we came to the conclusion that the application of the principle of universal jurisdiction as a deterrent mechanism will guarantee the fight against cyber security crimes in the field of aviation and the impunity of the perpetrators of this crime.

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