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Is the Current International Law a Good Fit for Cybersecurity? A U.N. Charter-based Analysis.

Abstract:

The paper examines the applicability of Jus ad Bellum, particularly the “use of force” under Article 2(4) of the U.N. Charter, in the context of cyberspace. While extensive scholarship has explored Jus in Bello’s role in cyber warfare, less attention has been paid to how cyber operations interact with the legal framework governing the use of force. This paper addresses two critical issues: the scope of “use of force” in cyber operations and the attribution requirements under Article 51 for self-defense. By analyzing case law, the Tallinn Manuals, and evolving cyber threats, the paper identifies significant gaps between existing legal interpretations and the realities of modern cyber conflict. It argues that traditional frameworks struggle to account for the rapidity, secrecy, and complexity of cyber-attacks, necessitating a reassessment of how international law defines and attributes the use of force in the digital age.

Author:
Yuan Fang
Domain: , ,
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Region:
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MIT Political Science
MIT Political Science
ECIR
GSS