After briefly discussing the conceptual framework of the Russian-Ukrainian hybrid war, this paper addresses the most problematic issues of international law that are raised by cyber operations. First, it identifies the primary obligations that may be violated by a cyber operation: depending on the factual circumstances they are the prohibition of the use of force, the principle of non-intervention and State sovereignty. Secondly, this essay deals with the question of attribution to a State of cyber operations that may be conducted by State organs, entities empowered to exercise elements of governmental authority or private individuals acting under the instructions, direction or control of the State. Lastly, it analyses the highly controversial issue of third-party countermeasures.
Le ciberoperazioni e il diritto internazionale, con alcune considerazioni sul conflitto ibrido russo-ucraino
Maria Chiara Vitucci
2023
Abstract
After briefly discussing the conceptual framework of the Russian-Ukrainian hybrid war, this paper addresses the most problematic issues of international law that are raised by cyber operations. First, it identifies the primary obligations that may be violated by a cyber operation: depending on the factual circumstances they are the prohibition of the use of force, the principle of non-intervention and State sovereignty. Secondly, this essay deals with the question of attribution to a State of cyber operations that may be conducted by State organs, entities empowered to exercise elements of governmental authority or private individuals acting under the instructions, direction or control of the State. Lastly, it analyses the highly controversial issue of third-party countermeasures.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.