Değişen Nesne Kavramı ve Silahlı Çatışma Hukukunda Verilerin Hedef Alınması

Abstract

The notion of an object is changing by being taken small steps. Although, there is an ambiguity whether ‘data’ is an object or not under the law of armed conflict, the qualification of it will be discussed from different perspectives in this article. While the lex lata position does not accept data as an object by the impact of textual interpretation, the lex ferenda position approaches differently and regards data as an ‘object’ by taking teleological interpretation into consideration. As a last point of view, it will be demonstrated that state practice seems to progress towards the latter approach by giving examples from official documents prepared by states and international organisations. At this point, it will be demonstrated in this article that data is not an object, but it evolves towards being accepted as an object.