The International Criminal Court’s (ICC) chief prosecutor, Karim A. A. Khan, published an op-ed in Digital Front Lines, highlighting the ever-increasing use of cyberspace in modern warfare and denoted the potential for the ICC to prosecute cyber operations as international crimes defined in the Rome Statute.

In March 2023, the international legal arena witnessed an unprecedented case as the International Criminal Court (ICC) issued an arrest warrant for Russian President Vladimir Putin, marking the first time a sitting head of state from a non-state party faced such action without a Security Council referral. This pivotal development raised complex questions, especially when combined with President Putin's invitation to South Africa for the BRICS Summit in August 2023.

The potential employment of military force by the Economic Community of West African States (ECOWAS) to restore democracy and order in Niger marks a pivotal moment in the Sahel region's pursuit of democratic governance. ECOWAS faces the challenge of balancing its commitment to democratic norms with the principle of non-interference in sovereign affairs. The prohibition of the use of force is a fundamental principle enshrined in the United Nations Charter, and any deviation from this principle requires a robust legal basis to ensure compliance with international norms.

The finding of the European Court which merits attention is that “as a matter of principle, the mere fact of downloading or using a means of encrypted communication or indeed the use of any other method of safeguarding the private nature of exchanged messages could not in itself amount to evidence capable of satisfying an objective observer that an illegal or criminal activity was being engaged in”.

Yasir Gökçe Whatsapp uygulamasının kullanıcı sözleşmesini değiştirerek kullanıcıların verilerini daha kapsamlı biçimlerde kullanma yönündeki hamlesi bağlamında kişisel verilerin mahremiyeti, iletişim firmalarının hukuki yükümlülükleri ve iletişim güvenliği konularını ele alırken, ayrıca Digital Investigations dergisinde yayınlanan makalesine atıfla Türkiye'deki Bylock soruşturmalarındaki hukuki sorunlara değiniyor.

Bu yayınımızda, konuklarımız eski diplomatlar Yasir Gökçe ve Mehmet Bozkaya ile Türkiye'nin uluslararası hukuktan kopuşu ve yaşanan savrulmanın muhtemel sonuçları üzerine genel kampsamlı bir değerlendirme yaptık.

Bulk and indiscriminate collection of personal data has long become a frequently-resorted practice of the Erdogan government to suppress the democratic demands of the citizens or to surveil and intimidate them.

According to a tweet tread by Onursal Adıgüzel, the vice president of the main opposition party (CHP), the BTK has long been retrieving personal data and communications metadata from internet service providers (ISP), including the big three providers, under the pretext of ‘national security’. A ‘confidential’ communique circulated to 313 ISPs by the BTK orders them to send ‘subscription textures’ once every hour.

Authoritarian governments are exerting their influence on interstate political bodies to persecute political opponents at home and abroad. This results in practices that undermine the rights of individuals to a fair trial, the right to be heard, and the right to judicial review.

The article attempts to reveal the significance of the legal qualification of a cyberattack and its attribution to a state for insurance coverage in both general insurance policies, like the one the Mondelez case stemmed from, as well as in insurance policies targeted to cover cyber risk.

Imagine that one day the government asserts that the messaging app you have been enjoying has long been used by a group that the government declares “terrorist” and that on that ground you have become a member of this terrorist organisation.

Bringing externals in the critical business processes and having them assume some or all of the responsibilities associated with the critical business functions comes with information security risks whose impact, if materialized, could be disastrous for business and therefore warrants a meticulous and holistic approach for managing those risks.