Міжнародно-правові аспекти протидії гібридній війні

Abstract

An important component in the modern hybrid warfare toolkit is legal warfare. This component is dangerous, like others, but remains poorly understood. The purpose of the article is to determine the role and place of international law in countering hybrid aggression.For hybrid warfare, there is no single universally accepted definition. Non-linear war, active measures or the conflict in the gray zone are used as alternative ones. A state that has launched a hybrid aggression achieves the goal of internal instability in another state, prioritizing non-military means, such as information attacks and influence operations, combined with economic pressure, support from local opposition groups, misinformation, and criminal activity. Also, troops without insignia or military personnel that are not part of the regular troops are used. The main emphasis is on information abilities and non-state actors. The strategic benefits of a hybrid war are that it is difficult to prove the aggressor’s involvement. The legal uncertainty of the aggressor delays adequate opposition.The UN Charter prohibits aggression through non-recognition of the use of force without legal justification. Article 2 (4) guarantees the right of states to protection from the use of force against their territorial integrity and political independence. The ban on the use of force implies a level of armed aggression at which self-defense is justified in accordance with Art. 51 of the UN Charter or collective defense in accordance with Art. 5 of the Washington Treaty of 1949 on the establishment of NATO.The unlawful use of force, regardless of whether they are regular armed forces or non-state military groups, requires international opposition. This legal norm is able to respond to changes in the methods of warfare. Economic measures, misinformation and criminal activity are not considered a violation of Article 2 (4). However, actions that do not fall within the scope of the use of force may be illegal, as they will constitute a form of interference.Thus, theoretically, the scope of the UN Charter is sufficient to stop hybrid aggression, the level of which does not exceed the classical threshold for the use of military force.