Cyberattacks and the challenges of legal adaptation under the rules of international law

Abstract

While the international community strives to implement the rules of international law aimed at preserving human rights and mitigating the effects and risks of armed conflicts, new forms of these conflicts are emerging. Their danger lies in the lack of a legal framework governing their status under an international instrument, thus increasing their risk. Humans have always sought to develop methods and means of warfare to weaken the enemy's capabilities. For this reason, innovation and development in the military and security sectors have never ceased. This technological advancement has led to the emergence of numerous threats to international peace and security, including a new concept of conflict: cyberattacks and their ongoing repercussions.

The main problem lies in the absence of a legal system addressing this new concept. This has made it difficult to identify attacks, determine their perpetrators, and establish the resulting international responsibility. The danger lies not only in these issues but also in the potential for an increase in such conflicts and a corresponding impunity for perpetrators. Therefore, this study seeks to establish a universally agreed-upon definition and legal framework for such attacks, adapting them to international law. It also aims to develop an international charter that defines these concepts and establishes their legal framework, thereby ensuring the international community's objectives of protecting international peace and security. The research employs a descriptive-analytical approach to examine the position of international jurisprudence and law in addressing the research problem, culminating in key findings and recommendations.