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In recent weeks, media reports have addressed actions, discoveries, and controversies relating to cybersecurity and cyberspace that have implications for international law, including war, espionage, terrorism, and crime in cyberspace and the architecture and governance of the Internet. This Insight describes these episodes and analyzes their importance for the relationship between international law and cybersecurity and cyberspace.

Developments and Revelations Concerning Cybersecurity and Cyberspace

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Once again, tensions are mounting in the Persian Gulf and the Strait of Hormuz. In response to Western powers’ import bans on Iranian oil and warnings of other sanctions against Iran because of its nuclear program, Iran has threatened to block the passage of oil tankers through the Strait of Hormuz. The United States in turn has increased its naval presence in the Strait of Hormuz, ostensibly in an exercise of its “transit rights of passage” under the law of the sea.

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Between 2007 and 2009, Italy and Libya (then under the rule of Colonel Muammar el-Qaddafi) concluded several agreements to combat clandestine immigration. Pursuant to these agreements, Italy instated a policy of sending undocumented migrants and asylum seekers who had crossed the Mediterranean Sea from Africa back to Libya. In a number of cases, boats were intercepted on the high seas, and those on board were taken back to Libya without a prior individualized assessment of their situation and protection needs.

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