Bits Before Bombs: Cyber-attack as a Breach of Article 2(4) of the UN Charter

Abstract

The UN Charter was created as a result of the Second World War, and thus the prohibition on use of force was directed at classic and weapons known at the time. The breakthrough of the internet changed the rules for many industries, and war is no exception. With the development of cyber combat, far from the traditional concept of conventional weapons and explosives, cyberspace has become a new domain for military operations. Today, wars are fought at sea, on land, in the air, across space and in the emerging battleground of cyberspace. In modern society, we are heavily reliant on technology and the increased digitalisation of society means that vulnerability to hateful intrusions has also grown. Cyber-attacks can be a serious threat to national security, and as a result, States and academics are beginning to treat cyber-attacks as acts of war. However, cyber combat does not look like the historic perception of what constitutes war, and this creates an issue in regard to the regulations monitoring armed conflicts. So far, no State has claimed to be targeted with “use of force” or be under “armed attack” of the cyber forces from another State. This thesis questions if, and when, cyber-attacks become “use of force”, as stipulated in the UN Charter?