The combined application of force under Article 2(4) and Article 51 of the United Nations Charter for cyber warfare: Examining and learning lessons from the Iranian cyber warfare threat to Saudi Arabia

Abstract

This thesis is written by MONIRAH FAHAD ALHAMDAN on the combined application of force under Article 2(4) and Article 51 of the United Nations Charter for cyber warfare: Examining and learning lessons from the Iranian cyber warfare threat to Saudi Arabia. In the absence of formal international legal regulation on cyber warfare and cyber-attacks, countries must apply the traditional rules for determining whether an armed conflict exists (jus ad bellum) to this new type of conflict. Nonetheless, applying jus ad bellum norms to this issue is a very controversial matter. Article 2(4) of the UN Charter prohibits using force between states, whereas Article 51 makes an exception for self-defence against an armed attack. To what extent can these Articles be applied to prevent and punish the source of cyber operations? This and other questions will be discussed in this study. The International Court of Justice (ICJ) clarified the use of force in the Nicaragua case. Also, it recognised the right of self-defence in customary international law. Moreover, the present study is timely and significant because of the increased number of ‘cyber operations’ influencing other states, such as in the long-lasting regional struggle for power between Saudi Arabia and Iran. That regional struggle will provide the backdrop to this thesis, although global examples will also be examined. Also, to understand its responsibility and scope of cyber-attacks, this research will attempt to assess the lawfulness of the Security Council to authorize the use of cyber weapons as a tool to maintain peace and security in the world. This body of research will furthermore look into the jus ad bellum norms in Traditional Islamic Rules in a cyber-context. Moreover, it will help researchers do further research in applying international law norms to cyber operations. This thesis undertakes a robust doctrinal analysis of the existing exalt in this field and proposes some future developments. This thesis will not use measurements of quantity and amounts as its essential tools but instead a qualitative method.