Cyberterrorism and Self-Defense in the Framework of International Law
Keywords:cyberterrorism, international law, self-defense
Objective: The problem of international electronic terrorism has spread rapidly and affecting nations adversely. However, International Law continues to view the crimes of international terrorism through the Internet and global cyberattacks as ordinary conventional crimes. This perception created an international legal vacuum. Hence, the existence of this legal vacuum in international law to criminalize these acts, which harm the security and sovereignty of states and affect global peace and security, needs to be addressed. Specifically, the study is aimed at answering the following questions: In the event of armed Cyberterrorism, does International law justifies legitimate self-defense? What are the lacunas Regarding Cyberterrorism in International law?
Methods: This study used an empirical approach. An analysis is made in determining whether cyberattacks may be regarded as an armed assault legitimizing the victim states' right to self-defense. Relevant legal text and resources were pulled together to achieve the aim of this research. Hence, a qualitative descriptive analysis of related legal texts and other relevant documents has been conducted.
Results:The research finds that cyberattack is similar to terrorist attack but the medium of the attack is carried out in cyber is on the computer via the internet while the conventional terrorist attack is physically carried out between or among terrorist members and government troops. However, in the cyberattack, the attacker and his location are not known. The international community has not been able to incorporate cyberattack law into International law because there is no consensus from member states on cyberattacks. Shortly, a coordinated cyberattack carried out through the Internet could cause catastrophic destruction to nations that depend on the Internet, particularly in crucial target areas such as transportation, power supply, and telecommunication infrastructures. Consequently, it has been pointed out that cyber warfare operations can fall under the scope of the international crime of aggression.
Conclusion: An existing legal literature on cyberspace terrorism is exposing a conundrum. There are possible avenues for international legal action relating to terrorism. Still, because these attacks have not occurred, states lack opportunities to improve the impact that international law can make proactively. Options, especially enhancing cybersecurity in critical infrastructure, have appeal because they are strategies against cyber intrusions that are 'all hazards.' By comparison, there is a lack of reliable solutions for foreign legal activities related to the terrorist use of the Internet and social media. At the same time, this issue has become a concern, and there are opportunities for governments, businesses, and civil societies to mitigate it. This challenging background, which shows no signs of fading, may increase interest in integrating offensive cyberattacks into counter-cyber-facilitated terrorism strategies.
Abdelatia, F. A., Alsohbo, K. S. I., & Hassan, I. (2023). Challenges Faced by Libyan English Instructors in Using E-Communication Tools. Journal of Language Teaching and Research, 14(5), 1215-1222.
Alotaibi, M. N., & Al Rabee, A. A. (2023). The Role of Najran University in Achieving Economic Development in the Region from the Point of View of Faculty Members. International Journal of Professional Business Review, 8(7), 90-110.
Borichev, K., Radchenko, T., Moiseeva, A., & Chasovnikova, O. (2022). Countering International Terrorism: Problems of Criminal-Legal Qualification. Journal of Law and Sustainable Development, 10(1), e0224. doi:10.37497/sdgs.v10i1.224
Creekman, D. M. (2001). A Helpless America--An Examination of the Legal Options Available to the United States in Response to Varying Types of Cyber-Attacks from China. Am. International Law Review, 1(17), 641-652.
Greenberg, L. T., Goodman, S. E., & Hoo, K. J. S. (1997). Information warfare and international law. CCRP.
Hadji-Janev, M., & Aleksoski, S. (2021). Use of Force in Self-Defense Against Cyber-Attacks and the Shockwaves in the Legal Community: One more Reason for Holistic Legal Approach to Cyberspace. Mediterranean Journal of Social Sciences, 4(14), 115-126..
Hassan, I., Azmi, M. N. L., & Abdullahi, A. M. (2020). Evaluating the spread of fake news and its detection. Techniques on social networking sites. Romanian Journal of Communication and Public Relations, 22(1), 111-125.
Mohd, A. T., Yunus, A. M., & Hassan, I. (2020). Ideology, Communication, and Response to Terrorism: A Sharia-based Perspective. Mohd, AT, Yunus, AM, & Hassan, I.(2020). Ideology, Communication, and Response to Terrorism: A Sharia-based Perspective. International Journal of Academic Research in Business and Social Sciences, 10(3), 124-130.
Livson, M., Eshtokin, S., Vasyukov, V., Yudina, E., Baybarin, A., & Pivneva, S. (2021). Impact of Digitalization on Legal Regulation: formation of new legal practices. Journal of Law and Sustainable Development, 9(2), e0749. doi:10.37497/sdgs.v9i2.28
Manipol, V. S. (2023). Perceived Impact in the Implementation of Microenterprise Law: A Qualitative Study in the Philippines. International Journal of Professional Business Review, 8(7), 97-112.
Medhurst, P. (2000). Global Terrorism: A Course Produced by the United Nations Institute for Training and Research 1 cited in Jackson, H.R. Understanding Terrorism (unpublished thesis, Peace Operations Training Institute), Retrieved from: http://media.peaceopstraining.org/theses/jackson.pdf
Sorel, J.M. (2003). Some Questions About the Definition of Terrorism and The Fight Against its Financing, 14 EUR. J. INT’L L. 365, 371; see also G.A. Res. 51/210, 2, U.N. Doc. A/RES/51/210 (Dec. 17, 1996)
UN Chater. Chapter vii Article 51): Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression. Retrieved from https://www.un.org/en/about-us/un-charter/full-text
UN General Assembly Document A/59/569, (2004 December 2). UN Report on Threat Challenges and Change. Source: http://www.un.org/secureworld/report.pdf; Retrieved from https://casebook.icrc.org/case-study/un-report-threats-challenges-and-change
How to Cite
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:
1. Authors who publish in this journal agree to the following terms: the author(s) authorize(s) the publication of the text in the journal;
2. The author(s) ensure(s) that the contribution is original and unpublished and that it is not in the process of evaluation by another journal;
3. The journal is not responsible for the views, ideas and concepts presented in articles, and these are the sole responsibility of the author(s);
4. The publishers reserve the right to make textual adjustments and adapt texts to meet with publication standards.
5. Authors retain copyright and grant the journal the right to first publication, with the work simultaneously licensed under the Creative Commons Atribuição NãoComercial 4.0 internacional, which allows the work to be shared with recognized authorship and initial publication in this journal.
6. Authors are allowed to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (e.g. publish in institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
7. Authors are allowed and are encouraged to publish and distribute their work online (e.g. in institutional repositories or on a personal web page) at any point before or during the editorial process, as this can generate positive effects, as well as increase the impact and citations of the published work (see the effect of Free Access) at http://opcit.eprints.org/oacitation-biblio.html
• 8. Authors are able to use ORCID is a system of identification for authors. An ORCID identifier is unique to an individual and acts as a persistent digital identifier to ensure that authors (particularly those with relatively common names) can be distinguished and their work properly attributed.