INTERNATIONAL LAW AND CYBER SECURITY Cover Image

MEĐUNARODNO PRAVO I CYBER SIGURNOST
INTERNATIONAL LAW AND CYBER SECURITY

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

Summary/Abstract: Reason for writing and research problem (s): Cyber attacks constitute a new security threat in the twenty-first century. This security threat put new known and unknown challenges to the international community in the whole. The security threat may come from other states or from non-state actors. Aims of the paper (scientific and/or social): 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 this kind of threats. Methodology/Design: At first the author endeavor to explain and define the concept of international cyber security 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 entitles rights to individual and collective self-defense within the meaning of the UN Charter. And under what conditions. Research/Paper limitation: This is a review paper and legal theory. Results/Findings: 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. General Conclusion: The right to self-defense also exists in the case of attacks committed by non-state actors. Research/Paper Validity: This article givs answers to complex international legal issues related to this security threat, which certainly contributes to a better understanding of this issue and represents a contribution to the development of international law science in this matter.

  • Issue Year: XIX/2019
  • Issue No: 5
  • Page Range: 197-215
  • Page Count: 19
  • Language: Bosnian, Croatian, Serbian