‘Cyber Due Diligence’: A Patchwork of Protective Obligations in International Law

With a long history in international law, the concept of due diligence has recently gained traction in the cyber domain, as a promising avenue to hold States accountable for harmful cyber operations originating from or transiting through their territory, in the absence of attribution. Nonetheless, confusion surrounds its nature, content and scope. It remains unclear whether due diligence is a general principle of international law, a self-standing obligation or a standard of conduct, and whether there is a specific rule requiring diligent behaviour in cyberspace. This has created an ‘all-or-nothing’ perception: either States have agreed to a rule or principle of ‘cyber due diligence’, or no obligation to behave diligently would exist in cyberspace. We propose to shift the debate from label to substance, asking whether States have duties to protect other States and individuals from cyber harms. By revisiting traditional cases, as well as surveying recent State practice, we contend that — whether or not there is consensus on ‘cyber due diligence’ — a patchwork of different protective obligations already applies, by default, in cyberspace. At their core is a flexible standard of diligent behaviour requiring States to take reasonable steps to prevent, halt and/or redress a range of online harms

When should the ICC prosecutor defer investigations or prosecutions in situations of active armed conflict in favor of peace negotiations?

A key reform that has the potential to make the international criminal justice project stronger,more efficient and more effective is the consideration of peace negotiations as an additional factor in the Prosecutor’s decision of whether or not to pursue an investigation or prosecution ‘in the interests of justice’, in accordance with Article 53(1)(c) and 2(c) of the Rome Statute. At present, this would require a revision of the Policy Papers issued on this question, in particular, the 2013 Policy Paper on Preliminary Examinations and the 2007 Policy Paper on the Interests of Justice. Significantly, such reform has the potential to prevent or alleviate, at least in part, some of the most pressing problems encountered by the ICC Office of the Prosecutor (OTP), namely, the lack of state cooperation, limited budget, and lengthy or complex proceedings.The research leading to these results has received funding from the European Research Council under the European Union’s Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement No 340956 - IOW - The Individualisation of War: Reconfiguring the Ethics, Law, and Politics of Armed Conflict

Prevent, Respond, Cooperate: States’ Due Diligence Duties vis-à-vis the Covid-19 Pandemic

While disease outbreaks remain to a certain extent unforeseeable, international law provides a comprehensive legal framework requiring States to prevent their harmful consequences, effectively respond to ensuing health emergencies, and cooperate in achieving those aims. This contribution shows that, within this framework, many rules take the form of ‘due diligence’ obligations. Obligations of due diligence, albeit inherently flexible to accommodate different capabilities and circumstances, are binding on States. They impose a duty to act according to a standard of ‘good governance’: a State must employ its best efforts to realise certain common goals. At least five key sets of rules establishing due diligence duties are relevant to the Covid-19 outbreak: a) the ‘no-harm’ principle; b) international disaster law; c) the International Health Regulations; d) international human rights law; and e) international humanitarian law. We preliminarily identify some of the actions required from States to prevent new outbreaks and respond to the pandemic, whilst assessing compliance with applicable rules. We conclude that hard lessons learned during the current pandemic should spur more decisive action to prevent and address future public health emergencies

Drawing the Cyber Baseline: The Applicability of Existing International Law to the Governance of Information and Communication Technologies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the concept of "domain" is not aimed at excluding certain domains from international law’s scope of application. Third, in any event, cyberspace is not a domain or a space, in the way that land, air, sea, or outer space are. Rather, it is a combination of multilayered information and communications technologies operating across different domains. Fourth, and relatedly, international law is technology-neutral, in that it applies to all technology unless stated otherwise. Fifth, the framing of certain international legal rules as policy recommendations cannot displace existing international law. On those bases, we conclude that existing international law applies as a whole and by default to States’ use of information and communications technologies

Spatiotemporal ecology of two Neotropical herbivorous mammals

On this study, we used camera traps in a Semi deciduous Seasonal Forest, northeast of Brazil, to estimate the frequencies of occurrence of two Neotropical herbivorous mammals: the spotted paca (Cuniculus paca) and the tapeti (Sylvilagus brasiliensis), analyzing their seasonal variations of spatial distribution. We also characterized the activity pattern of the species and their seasonal variation. The herbivorous frequencies of occurrence were constant during all the seasons. In general, both species were mostly active at night. However, between the rainy and dry season, we identified differences in spotted paca activity peaks. Here we present one of the first studies on the tapeti, whose ecology is understudied. Our results also show a general view of the spotted paca and tapeti behavior strategies to seasonal variations. Due to the scarce food resource in the dry season, possibly these herbivorous need to search for different kinds of food available IFS around

Spatiotemporal ecology of two Neotropical herbivorous mammals

On this study, we used camera traps in a Semi deciduous Seasonal Forest, northeast of Brazil, to estimate the frequencies of occurrence of two Neotropical herbivorous mammals: the spotted paca (Cuniculus paca) and the tapeti (Sylvilagus brasiliensis), analyzing their seasonal variations of spatial distribution. We also characterized the activity pattern of the species and their seasonal variation. The herbivorous frequencies of occurrence were constant during all the seasons. In general, both species were mostly active at night. However, between the rainy and dry season, we identified differences in spotted paca activity peaks. Here we present one of the first studies on the tapeti, whose ecology is understudied. Our results also show a general view of the spotted paca and tapeti behavior strategies to seasonal variations. Due to the scarce food resource in the dry season, possibly these herbivorous need to search for different kinds of food available IFS around

Analysis of psychomotor development and level of physical activity of children with extracurricular physical activities

Objetivo: Avaliar o desenvolvimento psicomotor nas áreas de habilidades motoras globais, equilíbrio e estrutura corporal e nível de atividade extracurricular escolar. Método: A amostra foi constituída por 30 indivíduos de ambos os sexos de 6 a 10 anos de idade, divididos em dois grupos: Grupo Extracurricular Ativo e Grupo Extracurricular Sedentário. A coleta de dados incluiu a caracterização dos sujeitos, os dados antropométricos e os testes Development Scale Motor e a versão curta do IPAQ. As variáveis ​​foram expressas em frequências e proporções, sendo o teste de Shapiro-Wilk utilizado e o teste t de Student para determinar a significância estatística. Quanto aos dados não normais, utilizou-se o teste de Mann Whitney, que foi considerado estatisticamente significativo p <0,05. Resultados: Mostraram que a classificação de IMC / idade de ambos os grupos foi eutrófica (53,3%) e o restante (46,6%) apresentou sobrepeso. O grupo sedentário apresentou melhores resultados no desenvolvimento motor global, e o grupo ativo no esquema do equilíbrio e do corpo. Conclusão: As crianças que realizam atividade extracurricular apresentaram melhor desenvolvimento de equilíbrio e estrutura corporal, quando comparadas com aquelas que não o fizeram.         Objective: The objective was to evaluate the psychomotor development in the areas of global motor skills, balance and body structure and level of school extracurricular physical activity. Method: The sample consisted of 30 individuals of both sexes from 6 to 10 years old, divided into two groups: Active Extracurricular Group and Sedentary Extracurricular Group. Data collection included the characterization of the subjects, anthropometric data, and the tests Development Scale Motor and the IPAQ short version. The variables were expressed as frequencies and proportions, the normality was tested with the Shapiro-Wilk test. Student t test was used to determine the statistical significance of normal data and Mann Whitney test for the non-normal data. Statistical significance was set at p0.05. Results: The classification of BMI / age of both groups was eutrophic (53.3%) and the remainder (46.6%) were overweight. The sedentary group had better results in overall motor development, and the active group in balance and body scheme. Conclusion: The children who engage in extracurricular physical activity showed better development in balance and body structure, when compared to those that do no

Características das mulheres que não consultam com médico: estudo de base populacional

OBJECTIVE: To analyze the prevalence of not consulting a doctor within a year. METHODS: Cross-sectional population-based study, including women aged 20–60 years, living in the urban area of São Leopoldo, state of Rio Grande do Sul, in 2015. The association between variables and outcome was assessed using prevalence ratios and 95% confidence intervals (95%CI). The adjusted analysis was performed using Poisson regression with robust variance. RESULTS: Among the 1,127 women participating in the study, 954 (84.6%, 95%CI 82.5–86.7) reported having consulted a physician in the year prior to the interview, 173 (15.4%, 95%CI 13.2–17.5) did not. Women belonging to lower income classes D and E, younger, and smokers had higher prevalences of no medical visits. The participants with hypertension had a higher prevalence of consultations. CONCLUSIONS: There was no expected evolution in the local health system, despite the emergence of the policies implemented in this period. It is necessary to provide care for those in less favored socioeconomic conditions and for younger women.OBJETIVO: Analisar a prevalência de não consultar com médico no período de um ano. MÉTODOS: Estudo transversal de base populacional, incluindo mulheres de 20 a 60 anos, residentes na zona urbana de São Leopoldo, RS, em 2015. A associação entre as variáveis e o desfecho foi avaliada por meio das razões de prevalência e dos intervalos de 95% de confiança (IC95%). A análise ajustada foi realizada por meio da regressão de Poisson com variância robusta. RESULTADOS: Entre as 1.127 mulheres participantes do estudo, 954 (84,6%; IC95% 82,5–86,7) referiram consultar com médico no ano anterior à entrevista, 173 (15,4%; IC95% 13,2–17,5) não consultaram. As mulheres inseridas nas classes econômicas D e E, com menor idade, e fumantes apresentaram maiores prevalências de não consulta médica. As participantes com hipertensão arterial tiveram maior prevalência de consultas. CONCLUSÕES: Não houve a esperada evolução no sistema local de saúde, apesar do surgimento das políticas implantadas nesse período. É necessário provimento da atenção para os indivíduos em condições socioeconômicas menos favorecidas e para as mulheres mais jovens