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Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches of the obligation to respect sovereignty and of international human rights law. Obligation to Respect Sovereignty Foreign activities in cyberspace might also violate the rule of sovereignty. Before discussing how, it must be cautioned that one state, the United Kingdom, has rejected the proposition that cyber activities can amount to a violation of sovereignty, relying instead on the rule of intervention to serve as the bulwark against foreign election interference. However, that stance, which has been discussed in depth elsewhere (see, e.g., here and here), has not been adopted by any other state. On the contrary, a growing number of states, including France,  the Netherlands, Germany,…

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Challenging the Olympic Charter at the Swiss OECD National Contact Point

In January 2020, the International Olympic Committee (IOC) issued guidelines to clarify the content of the controversial Rule 50 of the Olympic Charter (OC). Rule 50 prohibits any ‘kind of demonstration or political, religious or racial propaganda in any Olympic sites, venues or other areas’. It was introduced to the OC during the 1970s, following one of…

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Can a Peaceful Protest Ever be Banned Because Others Threaten It with Violence?

What do you think, dear readers, that the answer to the question above should be under international human rights law? Any comments would be very much appreciated. To start us off, let me write out a hypo; imagine we are in happier times before (or after) Covid: Krakatowia is a country in which LGBT rights…

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An Update on the Sadurski Saga

Readers might be interested in recent developments with regard to the legal proceedings brought against Prof Wojciech Sadurski in Poland, which form part of a transparent campaign at silencing dissenting voices in academia and elsewhere in Polish society, and on which Gráinne de Búrca…

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Cyber Attacks and Cyber (Mis)information Operations during a Pandemic

Hot on the heels on the Oxford Statement on international law rules and principles relating to malicious cyber operations targeting healthcare facilities, just a quick teaser that the next episode of EJIL: The Podcast! will be dealing precisely…

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