სახელმწიფოთა საერთაშორისო სამართლებრივი პასუხისმგებლობა კიბერსივრცეში განხორციელებულ მავნე ქმედებებზე: გამოწვევები და პერსპექტივები

Abstract

Damage due to cyberattacks is tangible. This can manifest itself in financial loss, inaccessibility of information, loss of personal information, reduced trust in the system, and in general, cyberattacks often affect the welfare of the population. Cyber- attacks can escalate into armed conflict as a means of defense when cyber-attacks are regularly carried out against this state.

To establish the liability of States, it must be sufficient to prove the fact that cyber-attacks originate from their territory and that they have breached their obligation to avoid harm. In such cases, states will be held accountable, not only for government-sponsored cyberattacks against another state but also for cyberattacks carried out by an individual, during which the state's cyberinfrastructure is actively used. Cyber operations are a new and growing challenge that international law and domestic law have failed to meet well-prepared. International humanitarian law offers only basic remedies for responding to cybercrime that equates to an armed attack and / or takes place in the context of such an attack. Domestic law, on the other hand, offers potentially robust legal mechanisms to be used in cyberspace, although they are not yet geared to address the challenges associated with cyber espionage and malicious cyberattacks.