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The object of the research is to study “The role of “international human rights law” in addressing Cybersecurity threats” There has been several instances where the cybersecurity has failed to provide proper protection to the sensitive customer credentials and the data has been manipulated by cyber-criminals to ask for ransoms. This is in blatant opposition to the principles of “international human rights law” as the human rights law states that the fundamental freedom of the individuals should always be upheld by the state and audacity to ask for ransom deprives the victim of such fundamental freedom. Furthermore, in the recent times, there has been several state sponsored attacks by phishing data on the whereabouts of the important personalities and targeting them for assassination. This has been witnessed in the Ukraine-Russian war and the Palestine-Israel conflict. However, the prevalence of such state sponsored attack completely disregards the mandate for human rights law since the mandate states that the state is responsible for protecting the rights to privacy of the citizens, whereas, these attacks are exploiting the sensitive credentials instead of protecting them[1].
The treaty that is responsible for incorporating the right to life is the International Covenant on Civil and Political Rights. It is because the article 6 of the treaty states that “there should equal recognition of the inherent right of every person to life, adding that this right shall be protected by law" and that no one shall be arbitrarily deprived of life".
The research will be conducted because most of the nations have their own data protection legislations and the research will provide with information of how the “international human rights law” needs to be modified for meeting the diverse legal clauses of the different data protection legislation and increasing its integration within the cybersecurity measures effectively. This serves as one of the major reason behind the decision to conduct this research.
This is important since the availability of information in terms of deployment of the “international human rights law” within the cybersecurity context is limited and the paper will serve the purpose of bridging such knowledge gap with extensive insight. Furthermore, the research will explain case laws and diverse case examples to highlight the contribution of the “international human rights law” in strengthening the cybersecurity measures as well as the challenges that the “international human rights law” have faced when it comes to improving cybersecurity measures.
The issues that are witnessed by the international human rights in terms of integration within the cyber security approaches needs extensive exploration. This serves as the problem statement of the research and the study serves the rationale of addressing this problem.
The research questions are as follows:
These research questions are significant for the research study as it provides the platform to meet the study’s purpose. The “international human rights law” provides protection for six aspects which involves the “right to vote, the right to freedom of association, the right to a fair trial, right to privacy, and the right to freedom of religion”[2].
The aim of the report is to identify and analyse the role of the “international human rights law” in mitigating the cybersecurity threats
The objectives of the research are:
The research will be conducted by the doctrinal research methodology. This methodology is based on evaluating the law in action as compared to the letter of the law. In the research, this methodology will be used. It is because the research objective includes the assessment of the rules in the “international human rights law” and such assessment is accomplished by the doctrinal research methodology since it is known for its proficiency in conducting a detailed and extensive analysis of the legal rules that are found in the primary sources. Similar evidence can be observed in the works of researcher as the findings suggest that the doctrinal research methodology shares a positive association in examining legal rules effectively and is one of the major of the strengths[3]. Therefore, it is observed that the use of the doctrinal research methodology will be justified for the study. Furthermore, the research serves the purpose of shedding light on the contribution of the “international human rights law” on the mitigation of the cyber security threats through the examination of case law examples and the use of the doctrinal research methodology supports such research purpose. It is because the methodology considers the case law examples as the primary source for analyzing the legal rules[4]. Therefore, it is observed that the doctrinal research methodology is suitable for the research. Through this approach, the researcher is able to perform a critical qualitative assessment on the legal findings to develop a hypothesis. The first step of the research will involve the identification of the specific legal rules and the discussion of the underlying principles. The second step will include the interpretation of the effective deployment of the law rules by comparing it with case examples of “international human rights law”. The secondary sources such as case law examples and peer reviewed journal articles are the sources of data that will be needed for the project. In an attempt to identify and find these articles, the longtail keywords such as “role of “international human rights law” in cybersecurity threats” and “challenges of “international human rights law” in cybersecurity measures” will be used in databases such as Google Scholar and Researchgate to find the articles.
[1] Rengel A, ‘Privacy as an International Human Right and the Right to Obscurity in Cyberspace’ (2014) 2 Groningen Journal of International Law 33
[2] ‘Universal Declaration of Human Rights’ (United Nations) <https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 2 December 2023
[3] Hutchinson T and Duncan N, ‘Defining and Describing What We Do: Doctrinal Legal Research’ (2012) 17 Deakin Law Review 83
[4] M.D. P, ‘Legal Research- Descriptive Analysis on Doctrinal Methodology’ [2019] International Journal of Management, Technology, and Social Sciences 95
