Cyber Military Threat and International Law: Assessing the Response to Cyber Attacks in the Military Context

Abstract

The purpose of the article is to analyse cyber-military threats through the prism of assessing the response to cyber-attacks in international law. To achieve this goal, the author used the scientific methods of analysis, synthesis, content analysis, and the dogmatic method. Using the proposed methodology, 51 professional studies were analysed, which allowed for an impartial approach to the assessment of the main issue. The results show that one of the key difficulties is identifying the parties to the conflict, as cyberattacks are not limited by state borders, and identifying their initiator can be difficult. The problem of determining the subject of responsibility, in particular in cases of actions of civilian personnel, makes the definition of the conflict as a military one more uncertain. Under the UN Charter, the use of force between states is limited, making it difficult to unify the rules of cyber warfare at the international level. The terms “cyberwar” and “cyberattacks” are applied to potentially dangerous operations in digital networks, but their definition and regulation remain open questions. All of this requires new approaches and international standards to effectively regulate and ensure security in cyberspace, in particular, given its unique aspects and impact on international relations. The Tallinn Book, which is an informal collection of expert opinions, examines issues such as the definition of cyberattacks, self-defence in cyberspace, and the application of the principle of non-use of force in the digital environment. This document may serve as a basis for a future international convention that will regulate legal relations in cyberspace at the international level. The conclusions emphasise that without the political will of international actors, the solution to the problems of countering cyber warfare is hampered.