El derecho de legítima defensa ante ataques cibernéticos de estados y de actores no-estatales
- Autores: Hamed Rafigh Doust
- Directores de la Tesis: Jaume Munich i Gasa (dir. tes.)
- Lectura: En la Universitat Autònoma de Barcelona ( España ) en 2018
- Idioma: español
- Tribunal Calificador de la Tesis: Manuel Cienfuegos Mateo (presid.), Mirentxu Jordana Santiago (secret.), Jordi Sellarés Serra (voc.)
- Programa de doctorado: Programa de Doctorado en Derecho por la Universidad Autónoma de Barcelona
- Materias:
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- Resumen
THE RIGHT OF SELF-DEFENCE AGAINST CYBER ATTACKS BY STATES AND NON-STATE ACTORS Nowadays, technological advancement, particularly in the field of cyberspace, has brought serious challenges for the security of States. Occasionally, cyber attacks have the same destructive effects as military weapons. Given the lack of agreement among States to constitute new norms on cyberspace, the international community has always attempted to cope with cyber threats by analogy from current International Law.
In the First Chapter, our research begins with a historical approach to the principle of the prohibition of the use of force, which aims at studying its development. Later on, we keep on inquiring the most significant law instruments and international jurisprudence to clarify such principle in contemporary International Law. In the second part, we identify the scope and meaning of the principle of the prohibition of the use of force and provide an extensive view on such principle by examining its most significant features, such as the applicability of the principle in international relations and its inapplicability in intra-State conflicts, etc. Besides, examining the different modalities of the use of force is part of this chapter. Both the scope and meaning of the threat of use of force will be surveyed separately from the scope and meaning of the use of force. Finally, at a glance, we will explain the different exceptions of the principle of the prohibition of the threat or use of force.
The Second Chapter is related to the right of self-defence and the exception of the prohibition of the threat or use of force. Primarily, in this Chapter, we will examine the general considerations and characteristics of the principle of the right of self-defence. After that, we will study the armed attack as well as the primary requirement and other significant requirements (necessity, proportionality and immediacy) to justify the right of self-defence against State and non-State actors. They will take up an important part of our research. In relation to the immediacy requirement, we will examine some legal controversies about the anticipatory, preventive self-defence or even the a posteriori in contemporary international law.
The Third Chapter is the cornerstone of our research. It is related to the right of self-defence against cyber operation by States and non-State actors. Initially, we examine the concept, characteristics and classification of cyber operations. Afterwards, in conformity with the amount of force, we examine cyber operations and other related activities which, directly and indirectly, may violate the principle of the prohibition of the threat or use of force. Moreover, we survey other kind of cyber operations that may be below the level of such principle. In light of the graveness, those cyber operations that may constitute an armed attack to justify the right of self-defence will be examined in another section within this very same chapter. In light of indirect cyber-attacks carried out by non-State actors, difficulties to attribute the cyber attack to the States will be surveyed, too. Last section is related to the adaptation of the other requirements of the right of self-defence (necessity, proportionality and immediacy) to the exercise of such right against cyber-attacks, with especial attention to the legal possibility to act in preventive or anticipatory self-defence before a cyber-attack occurs.
