Legitimate Defense in Cyber Warfare

Abstract

With the increasing use of cyberspace as a new tool in armed conflicts, there has emerged an urgent need to examine the extent to which cyber operations are subject to international law, particularly international humanitarian law. This research explores the concept of cyber warfare and its distinguishing characteristics compared to traditional warfare. It also presents examples of prominent cyberattacks, such as the reciprocal attacks between Iran and Israel, to highlight the legal challenges posed by this emerging form of conflict. The study focuses on analyzing the concept of self-defense in light of Article 51 of the United Nations Charter and investigates the applicability of international humanitarian law principles, despite the unique nature of cyberspace—especially the difficulty of accurately identifying actors and the overlap between civilian and military targets. Additionally, the research discusses the reports issued by the United Nations Group of Governmental Experts (2015 and 2023), which affirmed that international law, including the UN Charter, applies to the use of information and communication technologies. The study concludes that there is growing international consensus on the necessity of subjecting cyberattacks to international legal frameworks, contributing to the achievement of peace and stability in the global digital environment.