Application of the Principle of Non-Intervention in the Internal Affairs of States in Cyber Attacks

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

In the information age, cyber-attacks represent a novel type regarding use of force and they can lead to create massive damages to the critical infrastructure of a government, property and loss of human lives and thus by violation of article 2, paragraph 4, of the United Nations Charter, they take into consideration as illegal use of force. But the issue is that today the legitimacy of cyber-attacks is evaluated from the non-use of force approach set forth in article 2, paragraph 4 of the charter, and in order to have an illegal intervention, cyber warfare researchers claim that cyber-attacks must lead to physical damages, but the problem is that many cyber-attacks do not result in physical damages and thus do not fall within the scope of the prohibition laid down in article 2, paragraph 4, of the charter, and according to this approach, victim states are  not able to defend themselves. But this article seeks to show that cyber-attacks, which force governments to take actions that are able to decide freely on them under the principle of sovereignty, violates the principle of non-interference in internal affairs of states and for the victim state, the right to take countermeasures is created.

Language:
Persian
Published:
Journal of Political and International Research, Volume:8 Issue: 33, 2018
Pages:
241 to 267
https://www.magiran.com/p2616157  
سامانه نویسندگان
  • Habibi، Homayoun
    Author (2)
    Habibi, Homayoun
    Associate Professor faculty of law and political sciences, public and international law Departement, Allameh Tabataba'i University, تهران, Iran
  • Zamani، Ghasem
    Author (3)
    Zamani, Ghasem
    Professor International Law, Public and International Law, Faculty of Law and Political Sciences, Allameh Tabataba'i University, تهران, Iran
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