Cyberspace and the Challenges of International Law in the Face of Cyber Attacks

Document Type : Original Article

Author

Department of International Law and Relations, Faculty of International College, Qeshm Islamic Azad University

10.22080/jpir.2023.23733.1292

Abstract

Today, many critical infrastructures in the fields of energy, health, transportation (sea, air, land and even outer space) and telecommunications are highly dependent on computer systems and internet networks, Such a platform has changed the concepts of armed attacks and force as hostile states conduct their hostile operations in cyberspace, In some cases, these attacks destroy the infrastructure of a country, and the destructive effects of such actions will be far more than military operations, Therefore, the importance of developing international mechanisms is an inevitable necessity, The question is, based on which propositions do the current rules governing international relations make it possible to deal with subversive operations? And does international law have the capacity to identify cyber attacks as an example of resorting to force or not? It seems that the answer to the questions depends on the analysis of the existing international realities, Until now, binding international rules have not been established in this field, and governments only respond to these operations based on the principle of legitimate defense, However, there is no rule in the issue of compensation for damages and dividing the boundary between legitimate and illegitimate actions and it is difficult to identify cyber attacks as an example of force, In this article, the author tries to analyze a logical and descriptive interpretation of the rules of international law, the application of the said rules, focusing on the instrumental, goal-oriented and effect-oriented approach in the cyber space.

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