The legal nature and economic impacts of cyber wars and conflicts in light of international norms and laws

Prepared by the researche  : Dr.Bendjeddou Abdelkader , Dr. Djokhdem Moussa

DAC Democratic Arabic Center GmbH

Journal of International Law for Research Studies : Twentieth Issue – October 2025

A Periodical International Journal published by the “Democratic Arab Center” Germany – Berlin

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Abstract

 Cyber ​​wars and conflicts are among the most prominent emerging issues, raising complex issues related to their legal characterization and economic impact on states and institutions. The main problem stems from the absence of a comprehensive international legal framework regulating the use of cyberspace in armed conflicts, and the resulting controversy over the applicability of the rules of international humanitarian law and the United Nations Charter to cyberattacks, particularly with regard to characterizing them as acts of aggression or the use of force. This research aims to analyze the legal nature of these conflicts in light of existing international norms and laws, and to demonstrate their direct and indirect economic repercussions on the global economy.

 The study adopts an analytical-descriptive approach based on analyzing international legal texts, comparing the actual practices of states in cyber conflicts, and examining economic reports on the damages resulting from large-scale cyberattacks. The results showed that the legal nature of cyber warfare remains ambiguous in the absence of specific international agreements. However, there is a growing consensus on the need to subject it to the principles of international humanitarian law, particularly with regard to the protection of civilians and the prevention of targeting vital infrastructure. From an economic perspective, the study demonstrated that cyber conflicts lead to huge financial losses, increased digital security costs, and disruption of global supply chains, threatening the stability of the international economic system. The research also concluded that the absence of a clear legal framework exacerbates the cyber arms race and deepens the gap between developed and developing countries. This calls for urgent international action to draft a binding treaty that balances security considerations with the protection of the global economy.

.1introduction

no   The positive role of technical progress in the field of digital information brought about by the technological revolution is denied, but at the same time there is a negative aspect to the use of this technology, through illegal use, which has been described as a new threat to the security and sovereignty of states, as these attacks have developed into wars and conflicts in cyberspace, which are described as silent hybrid wars, and their targets are monitored and struck via electronic networks using electronic weapons. The virtual world is the space in which wars and conflicts occur. As soon as this digital phenomenon spread, countries began to search for a way to implement laws and impose international responsibility to ensure cyberspace, which is an international electronic system in which international relations, international laws, the digital economy, culture, values, and other aspects of the real international system are included. Whoever causes cyber damage is supposed to bear responsibility, similar to the one who causes international damage in the real international system. Scientific research attempts to investigate the possibility and validity of applying international law and international responsibility in the digital world. Here, it is necessary to present some requirements of scientific research, as follows:

• Importance:carryThe topic has two important aspects: the first is scientific, which is that there is a scientific shortage in the fields of legal writings that regulate cyberspace, resolve disputes, stop wars and cyber attacks, and prevent countries from being exposed to these violations that affect international relations, violate the rules of international law, and preserve international cyber peace and security. The practical aspect is the application of international laws to the cyber world, as it is a reflection of the international system. Therefore, there is a need to apply international law to the digital world and invent new laws in cases of conflict and wars that do not have a legal text that protects them due to their novelty.
• The problem:Cyberspace is a place where many actors are active, anonymous, and anonymous, making it difficult to apply international laws, whose primary actors are the state and the individual. This raises a fundamental question: What is the legal nature of cyber wars and conflicts? And to what extent is international liability for damages caused by a cyberattack feasible?
• hypothesis:The research is based on the premise that “international laws can be applied in cyberspace, in cases of wars and cyber conflicts, to maintain international peace and security, as there is no legal vacuum in cyberspace.”
• the goal:This course introduces the laws applicable to cyber wars and conflicts, and measures the validity of international laws in the digital world. The objective is to highlight the possibility of international liability for damages caused by cyber wars and conflicts, and the extent to which traditional international liability rules apply to them, in light of their proliferation as a result of the world’s increasing connection to cyberspace.
• Scope:The research is defined as follows:

1. Subject: Cyber ​​wars and conflicts.
2. Formally:Laws in cyberspace.
3. Temporally: Post-2003 and the spread of the use of cyberspace in wars and international conflicts.
4. Spatially: It has expanded to include the international real and cyber arena.

• methodologyWe used the Descriptive method and legal description of cyber wars and conflicts and their international law perspective.
• Structure:The research, entitled “The Legal Nature of International Wars and Conflicts in Cyberspace,” is divided into two sections. The first focuses on cyber wars and conflicts, while the second focuses on laws that limit cybercrimes, digital privacy laws, and cyberspace laws. The second focuses on legal adaptation and measuring their suitability to confront all types of cyber wars and conflicts between countries, and the possibility of determining international responsibility for damages resulting from such wars and conflicts. The research concludes that the legal framework existing in the real world is applicable and must be respected even in cyberspace, as there is no legal vacuum in cyberspace.

The topicthe first: Warsand cyber conflicts

       counting Cyberspace is an arena for wars and conflicts, exploiting the loophole in the absence of texts in international law regulating that space. The need for cyber laws has increased after the threat of the infrastructure in the international information system being exposed to electronic attacks has increased, in addition to its use by non-state actors, especially armed groups, mafias, illicit trade, and others. Therefore, countries are exposed to great risks in this aspect in all their institutional structures due to their reliance on the electronic system, which affects their security and sovereignty and impacts their interests..

thatThe assumption that “cyber wars and conflicts have laws that criminalize them and hold their perpetrators internationally responsible” is an assumption that needs to be verified, as international laws speak of real traditional wars and conflicts of all kinds and locations, including land, sea, air, and outer space. However, the fifth domain (air, land, sea, cosmic space, and cyberspace) was not included in those laws. The matter became more complicated after the emergence of a group that denies the validity of international law in cyberspace and the inadmissibility of legally qualifying cyber attacks. We present this as follows:

The requirementthe first :Descripti onSemantics of Cyber ​​Wars and Conflicts

     Perhaps everyone has noticed that terms and laws that did not exist before in the twenty-first century have often spread, such as cybercrime laws, digital privacy laws, and cyberspace laws, accompanied by new concepts such as the concept of cyber governance, cyberspace, international cyber relations, and trade and investment via the Internet ([1]).

    This is where we get our roots from the word cyber.cyber) Return to Greece(Kybernetes)Which came with the meaning of remote control ([2])Then, cybersecurity law or information technology law began to be referred to as internet law, meaning that cybersecurity law can be defined as a legal system designed to deal with the internet, computing, cyberspace, and related legal issues. In other words, a proper description of internet law is: creating “paper laws” to regulate the “paperless world.”

Do There is no doubt that the world, after the Corona virus, has made a qualitative shift towards cyberspace, accompanied by an increase in the volume of cyber conflicts and wars. Researchers, specialists, and those interested have begun searching for an agreed-upon description of cyber wars and conflicts among international law scholars. One side of jurisprudence has defined it as a process of deliberate exploitation of Internet network systems to send malicious programs.[3]),It has also been described as electronic aggressive behavior intended to harm others.[4]),It is described as the measures taken by the state to attack the enemy’s information systems with the aim of influencing them and defending the information systems of the attacking state.[5]).

     Here We can see a similarity between a cyber attack and a regular attack in that the perpetrator of both attacks has a motive to carry out the attack, and the victim could be a natural or legal person. However, the difference between them appears in the attack tool and the location of the attack. In a cyber attack, the tool is of high technology, and the location from which the attack was launched does not require the perpetrator to physically move; because it is carried out remotely via communication lines and networks between the attacker and the location of the attack. Cyber ​​attacks are not carried out by ordinary people, but rather by a group of computer hacking professionals via electronic networks who form a cyber army.[6]).

     and It is clear that the causes of cyber wars and conflicts are the weakness of the cyber security of countries, and the emergence of many non-state actors in the cyber world that cannot be easily controlled or imposed laws on them, especially since they possess technical capabilities that exceed governments. The high threat versus weak security is a golden opportunity for aggressive cyber penetration.[7]).

The requirementthe second

conflictsCyber ​​wars and their repercussions on international peace and security

DonUndoubtedly, the spread of harmful and destructive cyber attacks after 2011 internationally is due to the weakness of cybersecurity systems in countries around the world, which has made threats to international peace and security ever-present. These attacks have appeared in numerous instances, including the Arab Spring revolutions in Estonia and Iran, and were most evident in the Russian-Ukrainian war. These attacks also included the Panama Papers leaks, the hacking of the Russian Internet Research Agency, and the media’s publication of details about Russian President Vladimir Putin’s home. With the expansion of these attacks, the question arose: Why is there no international accountability system to curb these cyber attacks?

Therefore,The importance of cyber laws lies in the fact that they impose procedures for use and measure public reactions in cyberspace, increase the level of security and protection for transactions conducted online, and subject all online activities to monitoring by cyber law officials, provide protection for all data and property of individuals, organizations and the government, and help limit illegal cyber activities through monitoring and due diligence by competent state institutions, and the reactions measured in any cyberspace have a legal angle associated with it that differs according to its orientation, whether related to trade, services or security of various types, and the existence of cyber laws means the existence of international agreements in this field, which enables the tracking of all electronic records by achieving international cooperation to track organized crimes, and helps establish electronic governance, which in turn raises the quality of life for beneficiaries of e-government services.[8]).

What cannot be denied are the effects resulting from conflicts and cyber warfare and their dire consequences for civilians. There is a need to apply international law to cyber operations in armed conflicts and wars, due to the harm to institutions and individuals and the violation of the security and sovereignty of states.[9]).

Here we recall the “principle of distinction and the prohibition of indiscriminate and disproportionate attacks.” The principle of distinction requires that parties to conflict always distinguish between civilians and combatants, and between civilian objects and military objectives.In the context of applying the principle of distinction to cyber attacks, the Tallinn Manual, although its rules are not binding, indicated that:noIt may beCivilian objects are a target for cyber attacks.For example, cyber attacks that could destroy civilian systems and infrastructure may be permissible unless they are mobilized.These systems are military targets that may be targeted according to the prevailing circumstances.([10]).

Since cyberspace consists of countless computer systems interconnected around the world, and military computer systems often appear to be connected to and dependent on commercial and civilian systems, it is virtually impossible to launch a cyber attack on military infrastructure and have the effects limited to a military target only. For example, the use of an uncontrollable, multiplying worm that causes significant damage to civilian infrastructure would constitute a violation of international humanitarian law.Applying the principle of distinction between combatants and civilians to cyber attacks is a very complex issue, unlike traditional attacks, where the attacker will often be hundreds of kilometers away from the place, which means that the distinction between combatants and civilians exceeds the target of the attack and a distance ofPerhaps combatants and civilians are difficult, if not impossible, and the issue of distinguishing between targets, as distinguishing between civilian and military targets in cyber attacks is difficult, especially since military computer systems are often connected to commercial and civilian systems and depend on them, in whole or in part. There may even be an overlap between civilian and military uses, as they are linked to a single network and a single medium, which is cyberspace. Therefore, it is impossible to launch a cyber attack on military infrastructure and limit its effects to a military target only, without harming civilians and civilian facilities.([11]).

The topicthe second

positionInternational organizations from cyber wars and conflicts

Research into the possibility of applying the rules of international law to cyber warfareIt is necessary to first legally qualify this issue in terms of the legitimacy and illegitimacy of cyber warfare in light of the use of force in international relations, as the relationship between the right to resort to war and the law of war is characterised by a relationship of tension.noIt is inevitable, as contemporary rules of international law prohibit the use of force, except for the right of individual or collective states to defend themselves, or by virtue of the use of law enforcement measures taken by the Security Council.For security, this requires a position from international organizations such as the United Nations to apply international law to perpetrators of aggressive cyber behavior. We explain this as follows:

The requirementthe first

roleThe United Nations in regulating cyberspace

As soon as the world population reached (7.9) billion people according to the United Nations statistics and more than half of this number uses the Internet, not only that, but the Google search engine alone receives (3.5) billion searches daily on average, and the number of devices connected to the Internet is expected to reach (50) billion devices in a few years, in addition to that the Facebook platform is used by more than (2.9) billion users per month and more than (1.9) billion people per day, until the attacks, conflicts, cyber wars and other aggressive acts of hatred, blackmail and illegal electronic commerce in cyberspace increased.[12]).

This prompted the United Nations in 2015 to establish specific standards to combat cyber attacks. These standards were unanimously agreed upon in 2021 by all UN member states, establishing a politically binding framework for all states using cyberspace. Among these standards is a pledge by states to prevent the use of the internet for actions that threaten or harm international peace and security, and to intentionally not allow their territories to be used for illegal acts.

And showedInternational experience shows that agreement on international cyber standards and rules is not sufficient in itself to achieve cybersecurity. Rather, a collective diplomatic strategy must be developed to monitor the implementation of these standards and impose sanctions when they are violated. This requires international political action to activate the legal system in cyberspace.

AndA shortcoming of the UN-approved standards is their lack of accountability for malicious cyberattacks. In theory, any effective action is the responsibility of the international community acting through the UN Security Council.

However, the reality is that reaching an agreement within the United Nations to confront illegal cyber activities that violate international law and are described as aggressive is extremely limited. This is because the international community only takes action when force is used, something that is not available in the case of cyber attacks. No cyber attack has ever resulted in the death of a person.

For thisThe reason is that the issue of cybersecurity was not raised before the UN Security Council until 2020, which makes it a non-serious issue in the view of most member states not directly involved in cyber conflict. However, this situation has begun to change with the increasing risks of illicit cyber activities, the increasing reliance on global networks, and the development of competition between superpowers. To overcome this problem, those in charge of the United Nations see the need to take some measures consistent with international law and agreed standards, in order to create international accountability to confront cyber attacks, as they are serious issues ([13]).

The problem is that assigning cybersecurity issues to an independent entity affiliated with a third party will not receive international support. Discussions in this regard have shown the difficulty of investigating major cyber powers such as China or the United States. However, they have expressed a willingness to investigate a few weak states, such as North Korea, or cybercriminals, if it can be determined that they are not acting as an agent of a state. One of the challenges facing the standards introduced in 2015 is that they call on all states to participate in the investigation necessary to clarify the circumstances of the cyber attack. This makes attribution a complex task, because in the event of a cyber incident, states will be required to disclose all relevant information about the incident, and states are expected to object to this intervention. The Russian proposal that was presented stipulates that there will be limits to the potential objections of the states concerned in the event that a cyber incident is attributed to a specific state or is accused. Of course, China and Russia (or likely any cyber power) will deny the accusation, but the goal is not to convince them to accept the accusation, but rather to convince national leaders and the global public. As for private companies such as FireEye or Cloudstrike, It currently has the ability to detect the source of a hostile cyber attack, but this progress in identifying the source is not recognized in the international community, as there is no agreement on the level of attribution required for cooperative action between states.[14]).

This is enjoyed byThe conclusion is strongly supported by the advisory opinion of the International Court of Justice entitled“The legality of the threat or use of nuclear weapons”, where the Court noted that the established principles and rules of international humanitarian law applicable in armed conflicts apply “to all forms of warfare and to all types of warfare.” The ICRC concluded that this conclusion applies to the use of cyber operations during armed conflicts.[15]).

Therefore, the party responsible for an attack must take measures, to the maximum extent feasible, to avoid or mitigate incidental damage to civilian infrastructure or harm to civilians. This will require verifying the nature of the systems being attacked and the potential damage resulting from an attack. This means that when it becomes clear that an attack will cause incidental civilian casualties or damage, it must be canceled.

bonusAccordingly, parties to conflicts must take the necessary precautions against the effects of attacks. Consequently, the advice given to these parties is to assess whether military computer systems are sufficiently separated from civilian ones, in order to protect the civilian population from the effects of incidental attacks. Reliance on military computer systems and the connection between computer systems operated by civilian contractors and also used for civilian purposes can raise concerns.

And onOn the other hand, information technology may also contribute to reducing incidental damage to civilians or civilian infrastructure. For example, disrupting certain services used for military and civilian purposes causes less damage than completely destroying infrastructure. In such cases, the principle of precaution imposes an arguable obligation on states to choose the least harmful means in order to achieve their military objectives.In the caseNo, that is notCovered by the current rulesUnder international humanitarian law, civilians and combatants remain protected by what is called“Martens Clause”, meaning that they remain under the protection and authority of the principles of international law as established by custom, the principles of humanity, and the dictates of the public conscience.”[16]).

This stage witnessed the beginnings of the emergence of the international information network, which dates back to 1991, through the efforts of the British scientist “Tim Berners-Lee”While working at the European Organization for Nuclear Research([17])And it wasFirst possible cyber attackIt threatened international peace and security in May 1998, when it was carried out by a group of hackers from China calling itself the “Chinese Hackers Rapid Response Center.”Author of 3000 hackers attack on the government websites of Indonesia due to the spread of demonstrations in and from this incident the United Nations officials realized the real danger that Indonesia could pose against China ([18]).

International interest increased after Russia raised the issue of the relationship between Internet developments and international security before the General Assembly in 1998 at the request of the Russian Federation. The General Assembly decided to include this issue on its agenda under the title:“Developments in the field of information and telecommunications in the context of international security” and asked States to express their views ([19]).

The United Nations responded to this by establishing the first group of experts in 2004, and its meetings continued for more than two years between 2004and2005, exceptHe did not reach consensus on the principles to be followed, the difficulty of control and criminalization in this area.  Loan attentionThe international community is sufficient to consider it as an enemy or a real threat.[20])However, the years 2006-2007 witnessed an increase in cyber attacks, the most important of which was in Estonia in 2006, which disrupted most of the country’s facilities. As a result, similar incidents followed in Georgia in 2008, and accusations were directed at Russia, but without proof.[21]).

For the damages caused to Estonia, it paidtoto requestIn 2007, the United Nations condemned these attacks and gave importance to them.The largest rules governing the cyber behavior of states.[22])In fact, the General Assembly decided to establish a second team in 2009, consisting of fifteen members (15).[23])Both teams held meetings.From 2009 to 2010Then a third team followed, working from 2012 to 2013 in a lengthy and detailed manner without arriving at principles of cyber behavior.[24])togetherFor reference“The need to continue the dialogue to discuss the standards related to countries’ use of information and communications technology”[25])He was able to reach initial principles for the rules of conduct, but the fourth team formed by the organization in 2014 ([26])It was made clear that the state that carries out a hostile act bears international responsibility after proving that it carried out the act in cyberspace, as the report stated for the first time that international law applies to cyberspace.[27]),The fifth team was formed in 2016 to complete the work of the previous team.[28])But he declared his inability to reach a consensus on the first principles of conduct.[29]), established a sixth team on the basis of equitable geographical distribution of countries in 2January 2019, after two years of meetings and the emergence of signs of political consensus among the States Parties, the team was able to issue ([30]).

A final report, agreed upon by all its members, included for the first time standards of acceptable behavior in cyberspace.July 14, 2021, but this stage witnessed the establishment of a second expert team, at the suggestion of the Russian Federation, and it was calledOpen-ended Working Group on Developments in the Field of Information and Telecommunications in the Context of All Members of the United Nations General Assembly[31]).

From here we conclude the possibility of applying traditional principles to cyberspace, such as (the principle of respect for sovereignty in cyberspace, the principle of non-use of force in international cyber relations, the principle of resolving cyber disputes by peaceful means, the principle of non-interference in internal affairs in cyberspace, establishing rules for international cyberspace, the principle of international cooperation in cyberspace, the principle of investigating cyber issues, and the principle of respect for human rights in cyberspace).

The justification for the necessity of application is the emergence and spread of regional rules competing with public international law to regulate cyber rules regionally. There are currently three sets of rules that regulate the subject of the Internet, such as:

1. rules(Tallinn) International Law in Cyberspace 2017 which consists of (154) legal rules([32]).
2. The Paris Call Rules of 2018 consist of (9) principles for regulating cyberspace, and (81) countries have joined it.([33]).
3. Shanghai Promising for the Year2015, which was launched by the Shanghai Cooperation Organization for Cyberspace Regulation (SCO).[34]).

The requirementthe second

ControlsAccountability and responsibility

Attribution is the first step to achieving cybersecurity, but it is not enough. The United Nations may know who is responsible, but it does not take any actual action. This requires a decision through the Security Council at the request of the attacked state. Regarding current measures, some international efforts to achieve accountability and define and agree on the terms of collective action cannot be overlooked. These include the European Union’s Cyber ​​Diplomacy Response Framework, international cyberspace law, other treaty obligations for collective self-defense, and the joint statement issued by the US State Department in September 2019 on promoting responsible state behavior in cyberspace. (28) states agreed to work together on a voluntary basis to hold states accountable when they act in violation by taking measures in accordance with international law, with the aim of expanding compliance with the 2015 standards and increasing cybersecurity. This is in addition to sanctions by the European Union or indictments and sanctions by the United States.

The emphasis onInternational humanitarian lawIncludingThese are the principles of distinction, proportionality and precaution.- It applies to cyber operations during armed conflicts in accordance with its provisions, including:

1. Use of abilities is prohibited.Random cyber weapons that are classified as weapons.
2. Directing attacks is prohibited.Direct attacks against civilians and civilian objects, including when using means or methods of cyber warfare.
3. banacts of violenceOr the threat to the basis of the aim of spreading terror among the civilian population, including when committed through means or methods warCyber
4. Prohibition of indiscriminate attacks, i.e. attacks that would injure aTo military objectives and civilians or civilian objects without distinction, including when using means or methods of cyber warfare.
5. banDisproportionate attacks, including when using cyber warfare means or methods, are those that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or destruction of property.Is this safe?Losses Mix-up EventAnd the damage is excessive and exceeds the expected tangible and direct military advantage that these attacks will produce.
6. Prohibition of attacking, destroying, transferring or disruptingThe eyes that do notIt is indispensable for the survival of the population.civilians, including when using means or Methodscyber war.
7. He shouldProtect and respect medical units, including when conducting cyber operations during armed conflict.

Exercise constant care in the conduct of military operations, including when using means or methods of cyber warfare, to avoid harming the civilian population and civilian objects; andAll feasible precautions are taken when carrying out attacks to avoid harm to civilians,This is done incidentally, including when using cyber warfare means or methods.

The third requirement

Legal adaptation of cyber conflicts and wars

Based on the statement of Cordula Droghet, Legal Advisor at the International Committee, “There is no legal vacuum in cyberspace.”[35])All over the world, policymakers and military leaders are considering the implications of cyber warfare. Ms. Cordula Droghe, Legal Adviser at the ICRC, explains that the existing legal framework is applicable and must be respected even in cyberspace, which she describes as electronic behavior that leads to an impact in the “real world.” Similarly, there is no internationally agreed legal meaning for terms such as “cyber attacks,” “cyber operations,” or “attacks on computer networks,” which refer to attacks, conflicts, and wars via electronic devices.[36]).

One of its most dangerous uses was against the Kosovo conflict in 1999 by NATO.,After NATO aircraft targetedTo the embassyIn Belgrade, a number of Chinese hackers, in response, attacked official US elected websites, especially the White House website, resulting in the acquisition of thousands of digital data, which was then classified as highly confidential.([37]).

There is the cyber attack on the American nuclear reactor.David Peaceto generate powerThe Ohio Power Plant was damaged on June 2, 2003, by hacking and disrupting the electronic control and monitoring networks in the reactor itself.([38]).

It is known that international humanitarian lawIt only applies if cyber operations are committed in the context of an armed conflict, whether between States, between States and organized armed groups, or between organized armed groups.[39])Consequently, there is a need to distinguish between the general issue of cybersecurity and the specific issue of cyber operations in armed conflict. In cases of armed conflict, international humanitarian law applies when parties resort to methods and means of warfare that rely on cyber operations.[40]).

The use of cyber operationsduringArmed conflicts are a realityWhile a small number of countries have publicly acknowledged conducting such operations, with the increasing number of countries developing cyber capabilities for military purposes, their use is likely to increase in the future.[41])

And developNew technologies of all kinds are always emerging, and international humanitarian law is comprehensive enough to accommodate these developments. However, it regulates, through its general rules, all methods and means of warfare, including the use of all weapons, especially since Article (36) of the First Additional Protocol to the Geneva Conventions states the following: “Any High Contracting Party is under an obligation, when studying, developing or acquiring a new weapon or means of warfare or adopting a method of warfare, to ascertain whether it is prohibited in all or some of the circumstances under this Protocol or under any other rule of international law to which the High Contracting Party is bound.” Beyond the scope of the specific obligation imposed by this rule on the States Parties, it has been shown that the general rules of international humanitarian law apply to new technology.[42]).

ThisThis does not mean that there is no need for further development of the law as technologies develop, or as their humanitarian implications are better understood. States must decide this, and if they have not yet decided, it is necessary to emphasize that there is no legal vacuum in cyberspace, and far from it([43]).

notAnonymous actors constitute one aspect of the difficulty of holding accountable in cyberspace. In cyber operations that occur daily, anonymity is the rule, not the exception. In some cases, it is impossible to trace the source; whether the perpetrator is a person, to whom international humanitarian law applies, or a governmental institution, to whom public international law applies.[44]).

It is worth noting that the emphasis on the application of international lawI forgot about cyber operations duringarmed conflictsnolegitimizes cyber warfare or encourages the militarization of cyberspace,Indeed, international humanitarian law imposes some restrictions on the militarization of space. Furthermore, any resort to force by cyber states by prohibiting the development of military cyber capabilities that violate international humanitarian law of a cyber or kinetic nature remains governed by the UN Charter and relevant rules of customary international law, in particular the prohibition of the resort to force. International disputes must be settled by peaceful means, in cyberspace as in all other areas.[45]).

The report of the Panel of Experts was issued in2021, which includes a set of principles on the application of public international law to the operations of states in cyberspace. The United Nations played a key role in forming the team that contributed to the preparation of these principles. This demonstrates the importance of the organization’s role in establishing comprehensive rules regarding the threats posed by cyberspace to international peace and security.

Conclusion

In summary of all of the above, we find thatinternational lawIt does not apply to most of them, asInternational law does not applyThe yearExcept for cyber operations carried out in the context ofAn aggressive war waged by one state against another state or group of states with the intention of harming it and destroying its infrastructure, as well asInternational humanitarian law does not apply to most  These illegal cyber activities,International humanitarian law only applies to cyber operations carried out in the context of an armed conflict.It is taken for granted that the issue       The applicability of international humanitarian law to cyber operations is a point of contention in ongoing UN-mandated discussions on cyber operations..

showedThe study has many results, the most important of which are:

1. International law, in all its branches, applies to cyber-aggressive behavior, each according to its jurisdiction, provided there is evidence proving the identity of the perpetrator of the crime, whether a natural person (individual) or a legal entity (official entity or institution). There is no legal vacuum in cyberspace.
2. thatMost countries lack legislation regulating the actions of their individuals, institutions, and policies in cyberspace. Even if laws do exist, there are legal loopholes in this regard.
3. The situation of cyber attacks in ato the existing international legal framework,This is a very difficult matter due to its special nature, in addition to the lack of an official and final legal statement agreed upon regarding this phenomenon of cyber and electronic weaponization among countries.
4. The legal adaptation to criminalize aggressive cyber operations internationally is one of the matters that holds the state responsible for the cyber attacks it carries out that cause harm.In another countryState cyber operations.

5.It is consideredcyber attack using forceIt is illegal due to the effects it leaves compared to an armed attack, and both achieve the same result. The results of a cyber attack can be more destructive and dangerous, so it rises to the level of a traditional attack..

6. CybercrimesAs global, transnational crimes, they can only be combated through international cooperation at the criminal procedural level.

Based on the results, the research hypothesis was correct.“International laws can be applied in cyberspace, in cases of wars and cyber conflicts, to maintain international peace and security. There is no legal vacuum in cyberspace.

Recommendations:

And buildingBased on the content of the research and the results it produced, we recommend:

1. Establishing an international law called “International Cyber ​​Law” to be applied in cases of conflicts and wars between states and individuals.
2. Develop national legislation regulating the work of individuals and government institutions in cyberspace.
3. Developing the national criminal legislative structure, in line with international efforts to combat cybercrime.
4. Activating international cooperation, the role of international treaties, and the principle of mutual legal, judicial, and security assistance in combating cybercrime.
5. Establishing public-private partnerships at the national and regional levels.Regional and international efforts to combat cybercrimes, exchange expertise, and improve methods of combating them, as they are crimes that cross national borders before they develop into conflicts and wars that threaten international peace and security..
6. Enhancing work, cooperation and information exchange with all relevant international and regional organizations regarding cybersecurity-related initiatives in their areas of competence, taking into account the assistance needs of developing countries..
7. Establishing a fast and effective system for international cooperation, quickly maintaining and preserving data stored on computers, partial disclosure of the movement of this data stored on computers, and training national cadres inATo invest in cybersecurity and protect its digital infrastructure.

8.Taking measures by countries to ensure their protection from cyber attacks by strengthening various institutions on how to deal with cyber attacks, confront them and limit their repercussions, as well as spreading cyber awareness in society, and building a cyber security system to ensure the protection of security and sovereignty.And

Sources

First: Arabic sources:

International documents and publications

1. International Committee, International LawHumanitarian and the Challenges of Contemporary Armed Conflicts, 2015.
2. courtInternational Justice, Legality of the Threat or Use of Nuclear Weapons,Fatwa, July 8, 1996, Paragraph 86.
3. Article 1-2, Additional Protocol I to the Geneva Conventions of 8 June 1948/ June 1977; Paragraph 9 of the Preamble to the Second Hague Convention of 1899; and Paragraph 8 of the Preamble to the Fourth Hague Convention of 1907.
4. The material(36) of the First Additional Annex (Protocol) to the Geneva Conventions.
5. Paragraph)4( of the United Nations General Assembly resolution of January 6, 2014 (UN documents, document A/RES/68/243).
6. Paragraph)5) From the report of the Secretary-General of the United Nations on 14 August 2017, United Nations documents, document (A/72/327).
7. Paragraph (3) From the resolution of the United Nations General Assembly inJanuary 2, 2019 United Nations Documents, document (A/RES/73/266).
8. The expert report mentioned in the memorandumTo the Secretary-General of the United Nations on 14July, 2021 United Nations Documents, DocumentA/76/135) ).
9. United Nations General Assembly Resolution4January1999, United Nations Documents, Document (A/RES/53/70).
10. Memorandum of the Secretary-General of the United Nations of 5 August 2005, United Nations Documents, Document(A/60/202).
11. United Nations General Assembly Resolution6January2006,United Nations documents, document(A/RES/60/45)
12. United Nations General Assembly Resolution13December 2011 United Nations Documents, Document (A/RES/66/24).
13. General Assembly ResolutionTo the United Nations on 30January 2015, United Nations Documents, document (A/RES/70/237).
14. Memo ATo the Secretary-General of the United Nations,On 30July 2010 United Nations Documents, Document (A/65/201).
15. Memo ATo the Secretary-General of the United Nations on 22July 2015 United Nations Documents, Document A/70/174

-Books:

1.Adel Abdel Sadek, Cyber ​​Weapons in Light of International Humanitarian Law, Al-Mustaqbaliya Library, Egypt.2016  .

2. Henckaerts and Doswald- B., Customary International Humanitarian Law, Volume 1, Rules, International Committee of the Red Cross, Cambridge University Press, Cambridge, 2005.

-Magazines and studies

1. Ahmed Abis Nemah Al-Fatlawi, Cyber ​​AttacksIts concept and the international responsibility arising from it in light of contemporary international organization, Journal of Al-Muhaqqiq al-Hilli for Legal and Political Sciences, University of Babylon,Faculty of Law, Issue 4, Year 8, 2016.
2. Rizk Ahmed Samoudi, 2018, The Right to Self-Defense as a Result of Cyber ​​Attacks,December 2018.
3. Michael Schmitt, War by NetworksAttacks on Computer Networks and the Law in War, International Review of the Red Cross, No. 864, 2002.

-The Internet

1. Mr. Muhammad Al-Sayyid Ahmad, Law in Cyberspace, Legal Platform, an article published on 6/7/2022, viewed at 8/8/2023, at the link:http://www.sajplus.com
2. Cordola Droghe, No Legal Vacuum in Cyberspace, International Committee of the Red Cross, interview conducted on 8/16/2011, interview accessed on 8/7/2023, at the link:https://www.icrc.org/ar/doc/resources/documents/interview/2011/cyber-warfare-interview
3. Cyber ​​attacks and cooperation against them, United Nations, at the link:

https://news.un.org/en/story/2007/09/232832-estonia-urges-un-member-statescooperate-against-cyber-crimes

Second: Foreign sources:

-Books

1. Gerard O’Regan, Introduction to the History of Computing a Computing History Primer, Springer International Publishing, Switzerland, 2016.
2. Jeffrey Carr, Inside Cyber ​​Warfare, O’Reilly Media Inc, United States of America, 2012.
3. Michael N.Schmit, (Tallinn manual on the international law applicable to cyber warfare), Cambridge university press, first publishes, 2013.
4. Tallinn manual 2.0 on the international law applicable to cyber operations, Prepared by the International Groups of Experts at the Invitation of the NATO Cooperative Cyber ​​Defense Center of Excellence, Cambridge University Press, 2017.

Journals – Studies

1. Andreea bendovschi, cyber-attacks-trends, patterns and security counter measures, procedia economics and finance, Elsevier, Vol. 28, 2015.
2. Andrzej Kozlowski, Comparative Analysis of Cyberattacks on Estonia, Georgia and

Kyrgyzstan, European Scientific Journal /Special edition Vol.3 No.1, February 2014.

3. Brent Kesler, 2011, the vulnerability of Nuclear Facilities to Cyber ​​Attack, Strategic Insight Journal, Vol.10, No. 01.
4. Danielle Flonk, Emerging illiberal norms: Russia and China as promoters of the Internet

content control, International Affairs Vol. 97, No.2, 2021.

5. Herbert Lin, Cyber ​​conflict and international humanitarian law International review of the red cross, Vol. 94, No. 886, 2012.
6. Herbert Lin, Cyber ​​conflict and international humanitarian law, International Review of the red cross, Vol.94,No. 886, 2012.
7. James Andrew Lewis, Creating Accountability for Global Cyber ​​Norms, Center for Strategic and International Studies (CSIS), February 23,2022.
8. Jeffrey T. G. Kelsey, Hacking in to international humanitarian law: The principles of distinction and neutrality in the age of cyber warfare, Michigan law review, Vol. 106, No. 7, 2008, .
9. Junaidu Bello Marshall, Cyber ​​attacks (the legal response, International journal of international law), Vol. 1, No. 2, universal multidisciplinary research institute, India, 2000.
10. Michael N. Schmitt & Jeffery S. Thumher, Autonomous weapon systems and the law of armed conflict, Harvard national security journal, No.231, May 22, 2013
11. Priyanka R. Dev,2015, (Use of Force and Armed Attack) Thresholds in Cyber

Conflict; The Looming Definitional Gaps and the Growing Need for Formal UN

Response), Texas International Law Journal Vol. 50, No. 2, 2015.

10.Schmitt, MN, (computer network attack and the use force in international law through on normative), the Colombia journal of transitional law, Vol.27,No. 885,1999.

11.Thomas W. Smith, The New Law of War: Legitimizing Hi-Tech and Infrastructural, International Studies Quarterly, Vol. 46., 2002.

-Phd Thesis

1.Heather Harrison Dinniss, The status and use of computer network attacks in international law, PhD thesis, London school of economics and political science, 2008.

-Internet

1. The Potential Human Cost of Cyber ​​Operations, 2019,https://www.icrc.org/en/download/file/96008/the-potential-human-cost-of-cyber-operations.pdf
2. Paris Call, Trust and Security in Cyberspace of 12 November 2018,https://pariscall.international/en/2018

⁽*⁾ بن جدو عبد القادر محي الدين الجيلالي/جخدم موسى

([1])Andreea bendovschi, cyber-attacks-trends, patterns and security counter measures, procedia economics and finance, Elsevier, Vol. 28, 2015, p. 3.

([2])Ahmed Abis Ne’mehAl-Fatlawicyber attacksIts concept and the international responsibility arising from it in light of the contemporary international organization, Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, University of Babylon, College of Law, Issue 4, Year 8.2016,614..

([3])Junaidu Bello Marshall, Cyber ​​attacks (the legal response, International journal of international law), Vol. 1, No. 2, universal multidisciplinary research institute, India, 2000, p. 3.

([4])Michael N.Schmit, (Tallinn manual on the international law applicable to cyber warfare), Cambridge university press, first publishes, 2013, p. 92.

([5])Schmitt, MN, (computer network attack and the use force in international law through on normative), the Colombia journal of transitional law, Vol.27,No. 885,1999, p. 07.

([6])Heather Harrison Dinniss, The status and use of computer network attacks in international law, PhD thesis, London school of economics and political science, 2008, p. 33.

([7])Jeffrey T. G. Kelsey, Hacking in to international humanitarian law: The principles of distinction and neutrality in the age of cyber warfare, Michigan law review, 2008, Vol. 106, No.7, p.1437.

([8])Herbert Lin, Cyber ​​conflict and international humanitarian law International review of the red cross, 2012, Vol. 94, N886, p.515.

([9])Rizk Ahmed Samoudi,December2018The right to self-defenseAs a result of cyber attacks,2018, p338.

([10])Michael Schmitt, War by NetworksAttacks on Computer Networks and the Law in War, International Review of the Red Cross,2012,p. 915.

([11]) The rise ofResponsibility ObjectivityRequires the presence ofrelationshipCausality between hazardous activity andFor the damages resulting from it, Adel Abdel Sadek, space weaponsElectronicIn light of international lawHumanitarian, libraryFuturism, Egypt,2016, p. 96.

([12])Mr. Mohamed El-Sayed Ahmed, Law in Cyberspace, Legal Platform, an article published on 6/7/2022, accessed on 8/8/2023, at the link:http://www.sajplus.com

([13])James Andrew Lewis, Creating Accountability for Global Cyber ​​Norms, Center for Strategic and International Studies (CSIS), February 23, 2022, p1-5.

([14])James Andrew Lewis, Creating Accountability for Global Cyber ​​Norms,Op.Cit,p5-8.

([15])courtInternational Justice, Legitimacy of Threatwith weaponsnuclear or Use it, advisory opinion,8July,1996Paragraph86.

([16])Article 1-2, Additional Protocol I to the Geneva Conventionshistorian 8June1977; paragraph9From the preamble to the Second Hague Convention of 18671899; and the paragraph 8From the preamble to the Fourth Hague Convention of 19171907.

([17])Gerard O’Regan, Introduction to the History of Computing a Computing History Primer, Springer International Publishing, Switzerland, 2016, p.163.

([18])Jeffrey Carr, Inside Cyber ​​Warfare, O’Reilly Media Inc, United States of America, 2012, p.2.

([19])United Nations General Assembly Resolution4January1999, United Nations Documents, Document (A/RES/53/70).

([20])Memorandum of the Secretary-General of the United Nations of 5 August 2005, United Nations Documents, Document(A/60/202).

([21])Andrzej Kozlowski, Comparative Analysis of Cyberattacks on Estonia, Georgia and Kyrgyzstan, European Scientific Journal February 2014 /Special edition Vol.3 ISSN, pp.238,239.

([22])  Cyber ​​attacks and cooperation against them, United Nations, at the link:

https://news.un.org/en/story/2007/09/232832-estonia-urges-un-member-statescooperate-against-cyber-crimes

([23])United Nations General Assembly Resolution6January2006,United Nations documents, document(A/RES/60/45)

([24])United Nations General Assembly Resolution13December,2011Documents aUnited Nations, document(A/RES/66/24).

([25])Memo ATo the Secretary-General of the United Nations, On the 30thJuly,2010Documents aUnited Nations, document(A/65/201)

([26])Paragraph 4))From the resolution of the United Nations General Assembly on 6January,2014United Nations documents, documentA/RES/68/243).

([27]) Memo ATo the Secretary-General of the United Nations22July,2015 DocumentsAUnited Nations, document(A/70/174)

([28]) General Assembly ResolutionTo the United Nations in30January 2015, United Nations Documents, document (A/RES/70/237).

([29])Paragraph)5) From the report of the Secretary-General of the United Nations on 14 August 2017, United Nations documents, document (A/72/327).

([30])Paragraph (3) of the United Nations General Assembly resolution on2January 2019 United Nations Documents, Document(A/RES/73/266).

([31])The report of the experts mentioned in the note by the Secretary-GeneralTo the United Nations on 14July,2021 United Nations Documents, document A/76/135).

([32])Tallinn manual 2.0 on the international law applicable to cyber operations, Prepared by the International Groups of Experts at the Invitation of the NATO Cooperative Cyber ​​Defense Center of Excellence, Cambridge University Press, 2017, p.3.

([33])Paris Call, Trust and Security in Cyberspace of 12 November 2018,https://pariscall.international/en/2018

([34])Danielle Flonk, Emerging illiberal norms: Russia and China as promoters of internet content control, International Affairs Vol 97, No:2, 2021, p.1931.

([35])  Cordula Droghe, No Legal Vacuum in Cyberspace, International Committee of the Red Cross, interview conducted on 8/16/2011. Interview accessed on 8/7/2023, at the link:https://www.icrc.org/ar/doc/resources/documents/interview/2011/cyber-warfare-interview2011-08-16.htm

([36])Yan Xuetong, Bipolar Rivalry in the Early Digital Age, The Chinese Journal of International Politics, 2020, p. 313.

([37])Thomas W. Smith,2002, The New Law of War: Legitimizing Hi-Tech and Infrastructural, International Studies Quarterly, Vol 46., 2002, p. 366.

([38])Brent Kesler, 2011, the vulnerability of Nuclear Facilities to Cyber ​​Attack, Strategic Insight Journal, Vol 10, Issue 01. 2011, p. 19.

([39])Herbert Lin, Cyber ​​conflict and international humanitarian law, International Review of the red cross, Vol.94,No. 886, 2012, p. 515.

([40])Michael N. Schmitt & Jeffery S. Thumher, Autonomous weapon systems and the law of armed conflict, Harvard national security journal, p. 232.

([41])The Potential Human Cost of Cyber ​​Operations, 2019,https://www.icrc.org/en/download/file/96008/the-potential-human-cost-of-cyber-operations.pdf

([42])Article (36) of the First Additional Protocol to the Geneva Conventions

([43])International Committee, International LawHumanitarian and the challenges of contemporary armed conflicts,2015p.42

([44]). Priyanka R. Dev,2015, (Use of Force and Armed Attack) Thresholds in Cyber ​​Conflict; The Looming Definitional Gaps and the Growing Need for Formal UN Response), Texas International Law Journal Vol 50, Issue 2, 2015, p. 380.

([45])Henckaerts and Doswald-Beck, Customary International Humanitarian Law, Volume 1, Rules, ICRC, Cambridge University Press, Cambridge, 2005, 23-44.