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Asian-African Legal Consultative Organization (AALCO)

Volume 3, Issue 2 (2014)


Volume 3, Issue 2 (2014) (AALCOJIL ISSUE2-2014)

Volume 3, Issue 2 (2014)

AALCO JOURNAL OF INTERNATIONAL LAW Volume 3, Issue 2 (2014) Published by THE SECRETARIAT ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION NEW DELHI International Advisory Board Members Ali Pourghassab Amiri, Professor, Damghan Islamic Azad University, Islamic Republic of Iran Alireza Jahangiri, Professor, Damghan Islamic Azad University, Islamic Republic of Iran Ben Kioko, Director/Legal Counsel, Office of the Legal Counsel, African Union Djamchid Momtaz, Former Chair, International Law Commission (ILC), Islamic Republic of Iran Feng Qinghu, Deputy Secretary-General, AALCO Hassan Soleimani, Former Deputy Secretary-General of AALCO and Assistant Professor of International Law, Damghan Islamic Azad University, Islamic Republic of Iran Huang Huikang, Member, International Law Commission (ILC), People’s Republic of China Irwin Ooi, Associate Professor, University Teknologi, MARA, Malaysia Johan Shamsuddin bin hj Sabarudin, Associate Professor and Dean Faculty of Law, University of Malaya, Malaysia Manimuthu Gandhi, Former Joint Secretary, Ministry of External Affairs, Government of India and Professor, Centre for International Legal Studies, O.P. Jindal Global University, India Musrifah Sapardi, Associate Professor, University Teknologi, MARA, Malaysia Narinder Singh, Member, International Law Commission Rahmat Mohamad, Secretary-General, AALCO, and Professor of International Law at the Faculty of Law, Universiti Teknologi, MARA, Malaysia Raj Kumar, Professor and Vice-Chancellor, O.P. Jindal Global University, Haryana. India Rohan Perera, Former Member, International Law Commission (ILC), Sri Lanka and Chairman, AALCO- Eminent Persons Group (EPG) Shinya Murase, Member, International Law Commission (ILC), Japan Yukiko Harimoto, Deputy Secretary-General, AALCO Mohsen Baharvand, Deputy Secretary-General, AALCO AALCO Journal of International Law BOARD OF EDITORS EDITOR-IN-CHIEF Secretary-General PROF. DR. RAHMAT MOHAMAD EXECUTIVE EDITORS Deputy Secretaries-General MR. FENG QINGHU MS. YUKIKO HARIMOTO MR. MOHSEN BAHARVAND MEMBERS PANDIARAJ ANURADHA BAKSHI KIRAN MOHAN AALCO Journal of International Law is published biannually every year by the Secretariat of the Asian-African Legal Consultative Organization. All materials for publication (in duplicate), and all correspondence regarding the Journal should be addressed to the Editor-in-Chief, AALCO Journal of International Law, 29-C, Rizal Marg, Diplomatic Enclave, Chanakyapuri, New Delhi-110021. Email: editor@aalco.int. Views expressed in the articles, current developments and in all other contributions to this Journal are those of the respective authors and are not necessarily the views of the Board of Editors, the AALCO Member States or the International Advisory Board. Manuscripts will not be returned under any circumstance. Copyright© Asian-African Legal Consultative Organization, 2014 Volume 3, Issue 2 (2014) Published by The Secretariat Asian-African Legal Consultative Organization 29-C, Rizal Marg, Diplomatic Enclave Chanakyapuri, New Delhi-110021, INDIA Email: mail@aalco.int URL: http://www.aalco.int Printed by Contents ARTICLES Pages Defining Cyber-war from a Comparative Perspective Feng Qinghu Cybersecurity and International Law Kriangsak Kittichaisaree Combatants or Civilians: Persons controlling and operating Drone Aircrafts and Computer Network Attack Muhammad Ali Siddiqui Cyber Attacks and Its Collateral Damage under IHL: A new Perspective on an Ignored Point” Jabber Aslani International Humanitarian Law and Legitimate Targets in Cyber Conflict Farideh Shaygan Introducing the Fifth Battlefield: Cyber Warfare and Applicability of IHL therein Mohsen Abdollahi and Parastou Esmailzadeh Molabashi Denial of Quarter: A Critique On Cyber Warfare Sanoj Rajan and Yashasvi Nain Distinguishing Cyber-Warfare from Cyber Crimes and Cyber Terrorism and Identifying its Implications Towards the Principle of Distinction and Neutrality Ashwin Mishra Annual Subscription Rate of the Journal: India: Rs. 600 Asia and Africa: US$ 80 Other Regions: US$ 100 *Subscription price is inclusive of postage. Remittances to be drawn through Bank Draft in favour of the Asian-African Legal Consultative Organization, payable at New Delhi, India. Subscriptions are renewable each year.


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