INTERNATIONAL LAW AND CYBER SECURITY Cover Image

INTERNATIONAL LAW AND CYBER SECURITY
INTERNATIONAL LAW AND CYBER SECURITY

Author(s): Sakib Softić
Subject(s): International Law, Security and defense, ICT Information and Communications Technologies
Published by: Fakultet za kriminalistiku, kriminologiju i sigurnosne studije Univerziteta u Sarajevu
Keywords: security threat; cyber security; cyber atacks; the law of the armed conflict; the right to self-defense;

Summary/Abstract: Cyber attacks constitute a new security threat that appeard in the twenty-first century. This security threat put new known and unknown challenges to the international community and single State. The security threat may come from other states or from non-state actors. In this article the author deals with issues related to the application of the rules of international law and the right of armed conflict to counteract cyber threats. The Author first endeavor to explain and define the concept of international cybersecurity law, then analyzes the question of the state’s relationship to cyber-attacks and the right of the state to use force to counter cyber-attacks, and finally analyzes whether cyber-attack can be considered as an act that en-titles rights to individual and collective self-defense within the meaning of the UN Charter. And under what conditions. The right to self-defense is not just a passive right of the state to wait for to be attacked. And that the damage be done. The state has the right to active self-defense, which also manifests itself as the right to anticipatory self-defense. The state is also entitled to proportional countermeasures. The right to self-defense also exists in the case of attacks committed by non-state actors. This article is devoted to complex international legal issues related to this security threat, and certainly contributes to a better understanding of this issue and represents a contribution to the development of international law in this matter.

  • Issue Year: XVI/2016
  • Issue No: 5-6
  • Page Range: 61-74
  • Page Count: 14
  • Language: English