When Can Cyberattack Constitute Use of Force: A Case Study of Cyberattack in the Russia-Ukraine Conflict

Research Article
Open access

When Can Cyberattack Constitute Use of Force: A Case Study of Cyberattack in the Russia-Ukraine Conflict

Yaxuan Leng 1*
  • 1 Southwestern University of Finance and Economics    
  • *corresponding author 1811431234@mail.sit.edu.cn
Published on 26 October 2023 | https://doi.org/10.54254/2753-7048/17/20231249
LNEP Vol.17
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-059-2
ISBN (Online): 978-1-83558-060-8

Abstract

In today’s international community, cyberattacks occur frequently, and cyberspace has become an important battlefield for political games among major powers. Under the push of cyberattacks, the tension between Russia and Ukraine has further escalated. However, due to the unique nature of cyberspace, the rules under the existing international law are difficult to directly apply to the field of cyberspace. This has allowed states and non-state actors to willfully disrupt the network systems and other infrastructure of other countries, causing damage to people or property. One major issue is when can a cyberattack constitute use of force under international law. Only by clarifying this issue can we further discuss the issues of cyber warfare and the exercise of self-defense right. This article will start with a cyberattack that occurred in the Russia-Ukraine conflict, explore the essence of use of force, discuss the three mainstream theories about when can cyberattack constitute use of force, and use the framework of the Tallinn Manual to analyze whether the aforementioned cyberattack falls under the use of force in cyberspace. Through this series of analysis, we can further clarify the meaning of use of force in cyberspace and promote the construction of a legal framework for international law in cyberspace.

Keywords:

use of force, cyberattack, Tallinn Manual

Leng,Y. (2023). When Can Cyberattack Constitute Use of Force: A Case Study of Cyberattack in the Russia-Ukraine Conflict. Lecture Notes in Education Psychology and Public Media,17,201-207.
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References

[1]. Andy Greenberg. (2018) The Untold Story of NotPetya, the Most Devastating Cyberattack in History. Retrieved form What is NotPetya? 5 Fast Facts | Security Encyclopedia (hypr.com).

[2]. James Pearson, Raphael Satter, Christopher Bing and Joel Schectman. (2022) Exclusive: U.S. Spy Agenc’ Probe: 5abotqge of Sn/ellie Internet Dung Russan Invasion, Sources Say. Retrieved form Exclusive: U.S. spy agency probes sabotage of satellite internet during Russian invasion, sources say | Reuters.

[3]. Marcus Willett. (2022) The Cyber Dimension of the Russia–Ukraine War. Survival, 64:5, 7-26.

[4]. Marco Roscini. (2015) Cyber Operations as a Use of Force. Research Handbook on International Law and Cyberspace, Edward Elgar Publishing.

[5]. Macro Roscini. (2010) Worldwide warfare—jus ad bellum and the use of cyber force. Max Planck Yearbook of United Nations Law,14, 96.

[6]. Huang Zhixiong. (2015) International Legal Issues concerning ‘Cyber Warfare’ and Strategies for China: Focusing on the Field of Jus ad Bellum. Modern Law Science, 5, 148.

[7]. Walter G. Sharp Sr. (1999) Cyberspace and the Use of Force. Aegis Research Corporation, 88-91.

[8]. JI Hua. (2016) Use of Force in the Cyber Warfare as Defined in Tallinn Manual: Analysis from the Angle of the International Law. Jianghan Academic, 35.3, 28-34.

[9]. United Nations General Assembly. (2015) Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of Internal Security, A/70/174, para.26.

[10]. Yu Mingyou and Ma ran. (2006) UN Collective Security System’s Legal Control of the Use of Force: Challenge and Reform. International Law Review of Wuhan University, 2, 60.

[11]. Zhang Hua. (2022) Legal Pathways for the Application of the Prohibition on the Use of Force Principle in Cyberspace. China Legal Science, 2, 286.

[12]. Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports (1996). p.226, para.39.

[13]. Foltz and Andrew and C. (2012) Stuxnet, Schmitt Analysis, and the Cyber “Use-of-Force” Debate. Joint Force Quarterly, 64, 42-43.

[14]. J. Valuch and Ondrej Hamuľák. (2020) Use of Force in Cyberspace. International and Comparative Law Review, 20, 174-191.

Cite this article

Leng,Y. (2023). When Can Cyberattack Constitute Use of Force: A Case Study of Cyberattack in the Russia-Ukraine Conflict. Lecture Notes in Education Psychology and Public Media,17,201-207.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

ISBN：978-1-83558-059-2(Print) / 978-1-83558-060-8(Online)
Editor：Javier Cifuentes-Faura, Enrique Mallen
Conference website: https://www.iceipi.org/
Conference date: 7 August 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.17
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Andy Greenberg. (2018) The Untold Story of NotPetya, the Most Devastating Cyberattack in History. Retrieved form What is NotPetya? 5 Fast Facts | Security Encyclopedia (hypr.com).

[2]. James Pearson, Raphael Satter, Christopher Bing and Joel Schectman. (2022) Exclusive: U.S. Spy Agenc’ Probe: 5abotqge of Sn/ellie Internet Dung Russan Invasion, Sources Say. Retrieved form Exclusive: U.S. spy agency probes sabotage of satellite internet during Russian invasion, sources say | Reuters.

[3]. Marcus Willett. (2022) The Cyber Dimension of the Russia–Ukraine War. Survival, 64:5, 7-26.

[4]. Marco Roscini. (2015) Cyber Operations as a Use of Force. Research Handbook on International Law and Cyberspace, Edward Elgar Publishing.

[5]. Macro Roscini. (2010) Worldwide warfare—jus ad bellum and the use of cyber force. Max Planck Yearbook of United Nations Law,14, 96.

[6]. Huang Zhixiong. (2015) International Legal Issues concerning ‘Cyber Warfare’ and Strategies for China: Focusing on the Field of Jus ad Bellum. Modern Law Science, 5, 148.

[7]. Walter G. Sharp Sr. (1999) Cyberspace and the Use of Force. Aegis Research Corporation, 88-91.

[8]. JI Hua. (2016) Use of Force in the Cyber Warfare as Defined in Tallinn Manual: Analysis from the Angle of the International Law. Jianghan Academic, 35.3, 28-34.

[9]. United Nations General Assembly. (2015) Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of Internal Security, A/70/174, para.26.

[10]. Yu Mingyou and Ma ran. (2006) UN Collective Security System’s Legal Control of the Use of Force: Challenge and Reform. International Law Review of Wuhan University, 2, 60.

[11]. Zhang Hua. (2022) Legal Pathways for the Application of the Prohibition on the Use of Force Principle in Cyberspace. China Legal Science, 2, 286.

[12]. Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports (1996). p.226, para.39.

[13]. Foltz and Andrew and C. (2012) Stuxnet, Schmitt Analysis, and the Cyber “Use-of-Force” Debate. Joint Force Quarterly, 64, 42-43.

[14]. J. Valuch and Ondrej Hamuľák. (2020) Use of Force in Cyberspace. International and Comparative Law Review, 20, 174-191.

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