The Scope of the Principle of Non-Use of Force in Cyber Attacks in the Framework of the United Nations Charter

Subject Areas : Legal Studies of Cyberspace

Peyman Hakimzade Khoei ¹ , Reyhane Derogari ²

1 - Assistant Professor and Faculty Member, Department of International Law, Faculty of Law, Theology and Political Science, Islamic Azad University, Tabriz Branch, Iran
2 - PhD Student in Public International Law, Department of Law, Payame Noor University(PNU), Tehran, Iran - University Lecturer

Received: 2022-12-13 Accepted : 2022-04-08 Published : 2023-05-14

Keywords: International law, Cyber Attacks, Principle of Non-use of Force, Self-Defense,

Abstract :

The global interconnectedness created through information technology provides a potentially powerful weapon for states and non-state actors to remotely disable or destroy military defense networks. Sending excessive data requests to an internet website, "server or router" can be used as a weapon to destroy major information networks or to infiltrate private networks. The present study, employing descriptive-analytical methods, investigates the possibility of applying the Principle of Non-recourse to Force as an absolute rule of international law in relation to cyber-attacks and existing legal challenges. The questions that arise are: can the cyber attacks be prohibited according to the Principle of Non-recourse to Force in the light of the Article 4 of the Paragraph 4 of the Charter? If so, can the cyber attack allow the use of military in legitimate defence as per the Article 51 of the charter? The findings show that although cyber-attacks may not cause physical damage, and in other words, they do not violate Article 2, Clause 4 of the Charter but, the principle of non-intervention, as a powerful international legal tool, can be used by states to protect and counter cyber-attacks