Buchan, R. and Tsagourias, N. orcid.org/0000-0002-1701-2572 (2022) Hacking international organizations : the role of privileges, immunities, good faith and the principle of State sovereignty. International Review of the Red Cross, 104 (919). pp. 1171-1198. ISSN 1816-3831
Abstract
This article examines the extent to which international law protects international organizations (IOs) from hacking operations committed by States. First, it analyzes whether hacking operations undertaken by member States and host States breach the privileges and immunities granted to IOs by their constitutive treaties, headquarters agreements, and conventions on privileges and immunities concerning the inviolability of their premises, property, assets, archives, documents and correspondence. The article also explores the question of whether hacking operations carried out by non-member States breach these provisions on the basis that they have passed into customary international law or because they attach to the international legal personality of IOs. Second, the article considers the question of whether hacking operations breach the principle of good faith. In this regard, it discusses the applicability of the principle of good faith to the relations between IOs, member States, host States and non-member States, and then considers how hacking operations impinge on a number of postulates emanating from good faith such as the pacta sunt servanda rule, the duty to respect the legal personality of IOs, the duties of loyalty, due regard and cooperation, and the duty not to abuse rights. Finally, the article examines the question of whether the principle of State sovereignty offers IOs indirect protection insofar as hacking can breach the sovereignty of the host State or the sovereignty of the State on whose cyber infrastructure the targeted data is resident.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2022 The Author(s). |
Keywords: | international organizations; hacks; data protection; privileges and immunities; good faith; State sovereignty |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 06 Jun 2022 08:03 |
Last Modified: | 08 Dec 2022 15:58 |
Status: | Published |
Publisher: | Cambridge University Press (CUP) |
Refereed: | Yes |
Identification Number: | 10.1017/s1816383122000091 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:187634 |