Cyber Warfare as a Use of Force against Third-Party Countries: The Perspective of International Law (original) (raw)

Abstract

The use of force in international relations takes different forms and changes year by year due to the development of cyber technology. The problem mentioned in this study is that the Charter of the United Nations (UN Charter) and international law have not considered weapons development and future weapons that may be used in international relations , as Russia has used such weapons during the war against Ukraine. Unfortunately, cyber technologies were used to deter and weaken Ukraine's chance to gain an advanced result on the ground. Although such cyber operations can cause the same physical damage as other weapons, the international community is still struggling to determine whether using a cyber weapon is considered a use of force. This study argues that cyber attacks against third-party countries that support Ukraine during the war may count as the use of force and a breach of Article 2(4) of the UN Charter.

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What evidence suggests cyber warfare effectively targets third-party countries?add

The study found that Russia conducted 575 cyber attacks against Poland, the US, and Germany in the first quarter of 2023 alone, primarily targeting essential sectors such as public administration and transportation.

How did international law evolve in response to cyber warfare?add

In 1996, the ICJ indicated that international law might expand the definition of 'use of force' to include actions beyond armed conflict, raising the possibility that cyber operations could qualify as such.

What role do cyber weapons play compared to conventional weapons?add

Cyber weapons, unlike traditional arms, can operate covertly and anonymously, allowing states like Russia to disrupt national infrastructures while avoiding direct military confrontation.

How has the definition of critical national infrastructure influenced perceptions of cyber attacks?add

The 2001 US Patriot Act defines critical infrastructure broadly, leading to debates on whether cyber attacks targeting such assets constitute a legitimate use of force under international law.

What are the ethical implications of using cyber weapons according to recent studies?add

There is a pressing need for ethical frameworks governing cyber warfare, given their potential to cause destruction similar to conventional weapons while being more accessible to both states and non-state actors.

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