Safe City

Safe City

An Analysis of International Legal Challenges in Confronting Cyber Attacks and Proposing Effective Solutions for Overcoming Them

Document Type : Original Article

Authors
Mehran Jaberi 1
Aramesh Shahbazi 2
Gholamreza Jalal 3
1 Ph.D. student of information technology management at Allameh Tabataba'i University.Tehran. Iran
2 Associate Professor at Allameh Tabatabai University.Tehran. Iran
3 Associate Professor at Supreme National Defense University.Tehran. Iran
10.22034/ispdrc.2022.701540
Abstract
The international community, which was initially made up of states whose interdependence brought them
together in a community, due to the fundamental and significant developments resulting from the
advances in technology, communication and the need to provide and guarantee the stability due to the
threat of new tools and weapons, on the one hand, new actors were accepted in the field of international
relations, and on the other hand, awareness and the need for convergence and correlation resulting from
the existence of common interests and human values have been fully revealed in it. Various parts are
affected by this discussion. One of the relevant areas has been the discussion of the government’s
international responsibility. From the point of view of the International Law Commission, the axis of
reference to responsibility, the concept of the state has been damaged. On the other hand, it is about cyber
terrorism and explaining the basics and providing related solutions, as well as cyber-attacks and the
discussion of armed conflicts that should be investigated. In all these challenges, international law should
be able to prevent harm to individuals and governments by providing solutions in the international
community
Keywords
Cyber-attacks
International humanitarian law
International responsibility of governments
Armed conflicts
[10] Commentary on the HPCR manual on International Law Applicable to Air and Missile Warefare,
March 2010.
[11] J.A. Simpson, E.S.C. Weiner, The Oxford Compact English Dictionary, 2003.
[12] National Research Council, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and
Use of Cyberattack Capabilities 80 (William A. Owens, Kenneth W. Dam & Herbert S. Lin eds.,
2009) [Hereinafter NRC REPORT).
[13] David D. Clark & Susan Landau, Untangling Attribution, in Proceedings of a Workshop on
Deterring Cyberattacks 25, 28 (National Research Council ed., 2010).
[14] Kim Zetter, How Digital Detectives Deciphered Stuxnet, the Most Menacing Malware in History,
WIRED, July 11, 2011, http://www.wired.com/threatlevel/2011/7/howdigital-detectivesdecipheredstuxnet/All/1.
[15] William J. Broad, John Markoff & David E. Sanger, Israeli Test on Worm Called Crucial in Iran
Nuclear Delay, N.Y. TIMES, Jan. 15, 2011, www.nytimes.com/2011/1/16/world/middleeast/
16stuxnet.html.
[16] Icty the Prosecutor V. Dusko Tadic Aka (dule), decision on the defence motion for interlocutory
appeal on jurisdiction, 2 October 1995, case no. it-94-1-ar72, appeals chamber, icty, para 119. 
[17] ICJ, advisory opinion on legality of the threat or use of nuclear weapons, para 95.
[18] Eric Talbot Jensen, cyber warfare and precautions against effectsof attacks, op.
[19] Van Dyke (1940) the Responsibility of States for International Cyber Attacks, 34, AM. J. INT'L L.
58. p. 79.
[20] Siobhan Gorman & Julian E. Barnes, Cyber Combat: Act of War, WALL ST. J., May 31, 2011,
available at: http://online.WSJ.COImanicle/SB10001424052702304563104576355623135782718.html.
[21] James Glanz & John Markoff, U. S. Underwrites Internet Detour Around Censors, N. Y.
[22] TIMES, June 12, 2011, available at: http://www.nytimes.com/2011/06/12/world/12internet.html?
pagewanted=1&_=1&hp.
[23] Leo Lewis, China's Blue Army of 30 Computer Experts Could Deploy Cyber Warfare on Foreign
Powers, Australian, May 27, 2011, available at: http://www.theaustralian.com, au/australianit/chinas-blue-armycouldconduct-cyber-warfare-on-foreignpowers/story-e6frgakx-1226064132826.
[24] http://www.ghazavat.com opcit. p. 8-12.
[25] Wisj.com. Retrieved on 2011-11-08. Gorman, Siobhan. (2012-06-04) WSJ: U.S. Backs Talks on
Cyber Warfare.
[26] Rose McDermott, Decision Making Under Uncertainty, in Proceedings of a Workshop on Deterring
Cyberattacks, supra note 32, at 227, 229 ("[U]unlike most military attacks, cyber attacks defy easy
assessments of perpetrator and purpose.")