Self-Defence Against Cyber Attacks in International Law

Abstract

Over the years, the technological evolution has also led to the evolution of warfare. The fact that states and economies are increasingly reliant on information technology systems and related infrastructure has created new vulnerabilities and avenues for targeted cyber-attacks. In the last two decades, cases of state-sanctioned cyber-attacks targeting other states have been on the rise, creating new challenges in the international framework regarding how to deal with such attacks. Therefore, the aim of this study was to critically examine the use of armed self-defence in cyber-attacks under the international law, specifically when it comes to the correlation between the doctrine and its applicability in the international system. A doctrinal research approach was adopted whereby the existing laws of self-defence were critically evaluated through the lens of cyber-attacks in comparison with conventional military attacks. The study indicates that while states have an inherent right to defend themselves and their sovereignty from any form of external aggression, cyberspace has introduced new legal, strategic and political challenges that have adversely affected states’ ability to engage in armed self-defence following cyber-attacks. Furthermore, due to the legal complications and controversies associated with these dimensions, it is possible that the international community may not come to a consensus on the adoption of armed self-defence in response to cyber-attacks targeted towards a state by either state or non-state actors. The review also finds that the current doctrine of self-defence, based on the UN Charter as well as the provisions of Tallinn Manual, is impractical in cyber-attacks, as the provided legal threshold is rarely attainable in such attacks, unlike in military attacks. The study recommends a change in approach to self-defence by the international community through developing attainable criteria for legal determination of self-defence rights following cyber-attacks. In addition, the review indicates that the most probable future outcome regarding this issue is a change in individual states’ position on the legality of armed self-defence in cyber-attacks as the offensive advantages and defensive vulnerabilities in cyberspace continue to evolve.