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Khashashneh, Tawfiq
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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Digital Evidence in Human Rights Violations and International Criminal Justice Al-Billeh, Tareq; Al-Hammouri, Ali; Khashashneh, Tawfiq; AL Makhmari, Mohammed; Al Kalbani, Hamad
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.446

Abstract

The rapid development of the use of digital technologies has facilitated access to digital information and evidence. This information and digital evidence are obtained via the Internet, social media or satellite. And may be used to investigate violations of human rights and international criminal law. Therefore, there is a problem of rebalancing between the right to privacy and the use of information and digital evidence in the investigation of violations of human rights and international criminal law. This study has objective of unified universal principles that set out the origins and rules for the use of information and digital evidence in the investigation of violations of human rights and international criminal law. In order to ensure international and national justice and criminal accountability and to document all violations of human rights and international criminal law. The analytical approach will be used through analysis of previous studies on the use of digital information and evidence in the investigation of violations of human rights and international criminal law. And analysis of the Berkeley Protocol on Open-Source Digital Investigations. Several findings and recommendations were reached in this paper, the most important of which is the need for the international community to recognize the information and digital evidence obtained to demonstrate violations of human rights and international criminal law.
The International Framework for Cyber-Attacks Under the Rules of International Humanitarian Law Al-Billeh, Tareq; Al-Mudanat, Jessica; Almamari, Abdulaziz; Khashashneh, Tawfiq; Al-Hailat , Odai
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.534

Abstract

The research paper analyses the extent of enforcement of the rules of international humanitarian law on perpetrators of cyber-attacks by stating the nature of cyber-attacks and identifying the types of cyber-attacks, highlighting international efforts to regulate cyber-attacks under international humanitarian law, deducing the extent of the suitability of the rules of international humanitarian law that govern cyber-attacks, and determining the extent of the jurisdiction of the International Criminal Court to punish perpetrators of cyber-attacks. This study followed the analytical and critical approach by reviewing the rules of international humanitarian law and the extent of their applicability to cyber-attacks. Finally, the study came to a conclusion with a list of results and suggestions. The most important of these is that the way international justice is done needs to change completely so that the International Criminal Court can better handle cybercrimes. This is to ensure that the inclusion of cybercrimes under the jurisdiction of the International Criminal Court aligns with the principles of international humanitarian law, while also highlighting the similarities between cyber weapons and conventional weapons. This is achieved through collaboration between legal and technical experts in addressing the intricacies of cybercrimes, promoting accountability, and bolstering justice in the digital era
Co-Authors Al Kalbani, Hamad AL Makhmari, Mohammed Al-Billeh, Tareq Al-Hailat , Odai Al-Hammouri, Ali Al-Mudanat, Jessica Almamari, Abdulaziz