Inside Cyber Warfare - Jeffrey Carr [47]
[23] The Convention on Cybercrime requires parties to it to establish criminal offenses for almost every conceivable type of cyber attack under their domestic laws. See Convention on Cybercrime, supra note 19, arts. 2–11, at 284–87. It also recognizes the importance of prosecuting attackers, and requires states to extend their jurisdiction to cover all cyber attacks conducted from within their territory or conducted by their citizens, regardless of their location at the time of attack. See id. art. 22, at 291–92. Finally, the convention recognizes the importance of state cooperation, and requires states to provide “mutual assistance to the widest extent possible for the purpose of investigations or proceedings concerning criminal offences.” See id. arts. 23–25, at 292–93.
[24] These treaties include the 1963 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft, the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, the 1979 International Convention Against the Taking of Hostages, the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, the 1988 Montreal Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, the 1997 International Convention for the Suppression of Terrorist Bombings, the 1999 International Convention for the Suppression of the Financing of Terrorism, and the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism.
[25] 1970 Declaration on Friendly Relations, G.A. Res. 2625, ¶ 1, UN GAOR, 25th Sess., Annex, Agenda Item 85, UN Doc. A/Res/2625 (Oct. 24, 1970); 2000 Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-First Century, G.A. Res. 55/59, Annex, ¶ 18, UN Doc. A/RES/55/59/Annex (Jan.17, 2001); 2001 Articles on the Responsibility of States for Internationally Wrongful Acts, UN Doc. A/CN.4/L.602/Rev. 1 (2001).
[26] G.A. Res. 2625, supra note 23, ¶ 1; Secretary-General, Report of the High-Panel on Threats, Challenges and Change, ¶ 17, 24, delivered to the General Assembly, UN Doc A/59/565 (Dec. 2, 2004).
[27] G.A. Res. 45/121, ¶ 3, UN Doc. A/RES/45/121 (Dec. 14, 1990); G.A. Res. 55/63, ¶ 1, UN Doc. A/RES/55/63 (Jan. 22, 2001); see also Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, Aug. 27–Sept. 7, 1990, report prepared by the Secretariat, at 140–43, UN Doc. A/CONF.144/28/Rev.1 (1991).
[28] G.A. Res. 55/63, supra note 25, ¶ 1.
[29] G.A. Res. 45/121, supra note 25, ¶ 3 (embracing the principles adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and inviting states to follow them); G.A. Res. 55/63, supra note 25, ¶ 1; see also Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, Aug. 27–Sept. 7, 1990, report prepared by the Secretariat, at 140–43, UNUN Doc. A/CONF.144/28/Rev.1 (1991).
[30] The White House, The National Strategy to Secure Cyberspace (2003); Convention on Cybercrime, supra note 19; Huw Jones, Estonia Calls for EU Law to Combat cyber attacks, Reuters, Mar. 12, 2008, http://www.reuters.com/article/reutersEdge/idUSL1164404620080312 (reporting Estonia’s call to fight cyber attacks as a threat to international peace and security); G.A. Res. 53/70, UNUN Doc. A/RES/53/70 (Jan. 4, 1999); G.A. Res. 54/49, ¶ 2, UN Doc.