Drawing a line: Digital transnational repression against political exiles and host state sovereignty

Abstract

AbstractAuthoritarian regimes increasingly resort to surveillance and malware attacks to extend their coercive reach into the territory of other states and silence dissidents abroad. Recent scholarship has examined the methods of digital transnational repression and their detrimental effects on the fundamental rights and security of targeted individuals. However, the broader normative and security dimensions of these practices remain underexplored, especially with regard to the states hosting the affected exiles. Addressing this gap, our article investigates digital transnational repression as a potential violation of host state sovereignty. Mobilising emerging research on digital sovereignty and cybersecurity, we argue that digital repression can violate host state sovereignty in that it constitutes extraterritorial enforcement jurisdiction; interferes with open debate and national self-determination; impedes the host state's adherence to fundamental norms of international humanitarian law; and undermines host state authority, domestic sovereignty, and integrative capacities. We outline possible pathways to counter digital transnational repression, focusing notably on distributed cyber deterrence, punitive measures like sanctions, and norms and regulations restricting the global proliferation of offensive cyber capabilities. Building on a post-territorial notion of sovereignty that centres on the effects of state actions in and beyond cyberspace, our article contributes to reflections on a human-centric approach to cybersecurity.