Cyber-Attack in the context of the prohibition of the use of force – The need for Reconsideration of International Law?

Abstract

With the development of modern technology, the issue of reassessment of international law is becoming more and more critical in order to enable adequate regulation of technologies by static norms of international law. The cyberspace is regarded to be one of those cases. With illegal cyber-attacks, states often violate the cyberspace of other countries. Examples of such interventions are 2007 cyber-attack on Estonia, the virus found in the computer system in Iran's nuclear power plant in 2010, and the cyber-attack on the Georgian cyberspace during the 2008 Russian-Georgian armed conflict. While currently there are no special regulations on cyberspace, the role of international law is often diminished.

The article aims to discuss the current international legal regime that applies to cyber operations. In this regard, the focus will be on the relationship between cyber operations and the United Nations Charter, the prohibition of the use of force, and the principle of non-intervention in the internal affairs of states. Analysis of the state practice shows that states perceive cyber-attacks as an independent form of use of force, and they seek legal assessment within the framework of current international law. There is also a tendency to regulate cyber-attacks with specialized norms.

Cyber-attacks require a new understanding in the terms of international law. However, this does not mean that cyber-attacks cannot fall within the framework of the current international conventional and customary law and go beyond its scope. A new understanding is needed only within the framework necessary for the incorporation of cyber-attacks into the already existing international legal framework.