Cyberspace is increasingly establishing itself as a domain where malicious actors can achieve quick, asymmetric strategic gains. In response to this trend, many Western states are increasingly...Show moreCyberspace is increasingly establishing itself as a domain where malicious actors can achieve quick, asymmetric strategic gains. In response to this trend, many Western states are increasingly turning to offensive cyber operations to ward off or respond to these events. However, a key question dominating this turn by the West is how ethical, or just, conflict by the West in cyberspace really is. Using a Just War Theory lens, this thesis explores the extent to which modern, Western cyber operation abide by the Jus Ad Bellum principles of Just War Theory. Ultimately, this thesis finds that many Western cyber operations do not abide by an idealized ‘gold standard’ of JWT for cyber: however, there is room for improvement in the future.Show less
The already tense relationship between the EU and Russia has resulted in a geopolitical power race in cyberspace. Also, the development of the EU cyber diplomacy toolbox in 2017 already resulted in...Show moreThe already tense relationship between the EU and Russia has resulted in a geopolitical power race in cyberspace. Also, the development of the EU cyber diplomacy toolbox in 2017 already resulted in economic and diplomatic sanctions being imposed on Russia, further intensifying the relationship between two central powers in cyberspace and hinting at the use of a deterrence strategy by the EU. To further gain knowledge about the impact of the EU cyber diplomacy toolbox on Russia, this research aims to identify how the toolbox intents to functions against Russia. By doing so, the key characteristics of the deterrence strategy will function as the theoretical framework in this research, resulting into an overview of the key characteristics of the deterrence strategy. Furthermore, the purposes of the installation of the toolbox will be analysed. Likewise, with the use of case studies, the actual effects of the toolbox on Russia will be outlined to portray that the EU cyber diplomacy does intent to function as a method of a deterrence strategy against Russia.Show less
Cybercrime is not clearly defined. This is an important issue as academics, but also law and policymakers are not able to tackle the issue sufficiently without knowing the boundaries of the concept...Show moreCybercrime is not clearly defined. This is an important issue as academics, but also law and policymakers are not able to tackle the issue sufficiently without knowing the boundaries of the concept. Defining what the boundaries are, is important to identify if it is a crime and to establish international consensus on the topic with regards to law enforcement. This thesis aimed to map out the debate regarding the definition of ‘cybercrime’. A database of 139 sources was created and divided into three categories; sources that used no definition, sources that were about the debate itself and the last category, sources that provided/stated a definition on cybercrime (see Appendix A). In this category, two main camps were identified. One following the Budapest Convention on Cybercrime definition and one where the role of technology was deemed the centre point of the definition. ‘Technology’ was an important concept but the meaning of this term differed across the definitions. Finally, to provide new angles for this research gap, the ‘cybercrime’ definition debate was compared to the ‘white-collar crime’ definition debate. Three uncertainties that Quinney (1964) described were compared to the findings from the database. Two uncertainties were comparable. This means that this is not a new discussion but rather history repeating itself in another form. This opens up possible new opportunities and angles for research.Show less
When discussing the concepts of crime and cybercrime, their victims are important key players to understand why these criminal acts takes place. More importantly, with these players taken into...Show moreWhen discussing the concepts of crime and cybercrime, their victims are important key players to understand why these criminal acts takes place. More importantly, with these players taken into account, it is not only possible to understand this concept but also to predict and prevent the crimes that take place. In this thesis, the research focuses on individual victims of cybercrime in the Netherlands and their behavioural characteristics. The aim of this research is to study which behavioural risk factors have a predictive value for victimization, both in the offline as the online world. To answer this question, I designed a digital survey to compare two types of crime; one in the offline world and one in the online world. These two criminal acts have in common that they are comparable with each other, with the only difference that they take place in different worlds. The chosen criminal acts are doorstep scams in the offline world, and phishing in the online world. A scientific literature review, the data collected from the digital questionnaire and the subsequent analysis will answer the sub-questions of this research. It seemed that certain risk factors like socio-economic status, online activities, optimism bias, loneliness, capable guardianship and offline victimization had a significant correlation with victimization. For the factors optimism bias, capable guardianship and loneliness, these results had even a predictive value. Although there is quite an amount of scientific research available on risk factors and victimization, this research shows that there is still not enough knowledge about the behaviour of victims. This is because the studied risk factors have little to do with the actual behaviour of potential victims. Researchers must take a step back to study which existing theories should be better investigated for the existence of other, potential risk factors. With a descent description and formulation of the new risk factors, it would be easier in the future to reduce online and offline victimization based on these risk factors.Show less
The Japanese government has enacted a series of new laws and correlating policies, molded in galvanizing rhetoric of 'adhering to the rule of law in an international context' and a 'pro-active...Show moreThe Japanese government has enacted a series of new laws and correlating policies, molded in galvanizing rhetoric of 'adhering to the rule of law in an international context' and a 'pro-active contribution to peace', justifying the gradual change of its passive stance on cyber-security into a more aggressive one. Yet, in the cyber-realm, the rule of law in an international context is not a static all-encompassing concept; it is filled with normative voids, and constantly in flux, similar to the ever-evolving interpretations behind the rationale of Article 9 of the Japanese Constitution, and the extent to which this allegedly legitimizes shifts in the underpinning security landscape. This thesis provides an insight into the actions conducted by the Japanese government, the significance of their rhetoric, and reveals underlying patterns in the construction of their narratives, by analyzing how political discourse shapes the security landscape, how this affects the (de-)evolution of law, and vice versa. It demonstrates that opposing views on the lethality of cyber-operations contribute to the splintering of international law, hereby creating leeway for the Abe-administration to utilize these lacunae as a rhetorical tool to shift the paradigm of Japan's domestic law. As I argue here, however, there is little rationale that stems from international legal concepts to justify connecting cyber-security to Abe’s vision for general security reform.Show less
