Beyond Conventional War: Cyber Attacks and the Interpretation of Article 2(4) of the UN Charter

Abstract

In this study, we delve into the connection between cyber-attacks and Article 2(4) of the UN Charter, which forbids the use of force. We investigate warfare's historical backdrop, the shift from traditional to nontraditional tactics, and cyber warfare's emergence. We classify various cyber-attack forms and showcase pivotal case studies that underscore their effects on national and global security. The paper delves into a comprehensive analysis of the UN Charter, particularly Article 2(4), discussing its intent, history, and interpretation. Our research tackles difficulties in applying Article 2(4) to nontraditional warfare like cyber-attacks. We scrutinize legal viewpoints and academic arguments regarding whether such attacks fall under force as per Article 2(4) while contemplating the potential consequences of interpreting it so. We explore how these findings may influence prospective cyber conflicts while offering suggestions for managing hurdles presented by such situations within international law's framework. This study deepens our comprehension of the interplay between cyber-attacks and the UN Charter's Article 2(4), enriching policy debates and promoting continued examination in this rapidly evolving domain.