By virtue of their highly sophisticated programming, cyber attacks differ from traditional attacks in four ways. This paper argues that while Articles 2(4) and 51 can be interpreted to include cyber attacks, the unique characteristics of cyberspace strain their application.Ĭyber attacks are attempts by computer hackers to damage or destroy a computer network or system. Third, it identifies four areas challenging the applicability of these laws to cyber attacks, namely: state responsibility, anticipatory self-defence, the principles of necessity and proportionality, and espionage. Second, it explores existing literature on the legality of cyber attacks and adopts Michael Schmitt’s criteria that cyber attacks constitute uses of force and armed attacks when they sufficiently resemble the consequences of their traditional counterparts. First, it identifies the unique characteristics of cyber attacks. This paper examines the application of these provisions to cyber attacks in three sections. Specifically, Articles 2(4) and 51 of the United Nations (“UN”) Charter of Rights and Freedoms (“Charter”) governing the prohibition on the use of force and right to self-defence are at the heart of the debate. Consequently, scholars apply the framework of jus ad bellum – “international dispositions regarding the justification for entering an armed conflict” – to cyber attacks, but the discussion is subject to varying interpretations. Despite their potential for disruption to international peace and security, there is no specific international legal structure for analysing cyber attacks.
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