Rethinking the African Union Non-Aggression Treaty as a Framework for Promoting Responsible State Behavior in Cyberspace

Abstract

In Africa, regional organisations have established legal measures with a view to promoting norms for cybersecurity governance. However, such measures do not explicitly address State aggression in cyberspace. This appears to create legal uncertainty in determining the behavior of States with respect to activities that can constitute aggression in cyberspace. In 2005, the African Union established the Non-Aggression and Common Defense Pact to put an end to ‘conflicts of any kind within and among States in Africa’. Given the absence of an explicit regime to govern the behavior of Member States with respect to activities that can constitute aggression in cyberspace, the question arises as to whether it is possible to apply the AU Non-Aggression and Common Defense Pact for such purposes. This paper considers the prospects and challenges of applying the Pact to State behavior in cyberspace. It makes a case for the application of the Pact’s principles to promote responsible State behavior in cyberspace and suggests that such approach will enhance legal certainty with respect to activities that can constitute aggression in cyberspace.