نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
With the expansion of cyberspace and the growing dependence of states on information technology-based critical infrastructures, cross-border cyberattacks have become one of the most pressing security and legal challenges of the modern era. The main research question of this study is to what extent cyber law provides a framework for defining state responsibility for such attacks and whether it can offer effective mechanisms for obligations and enforcement. The significance of this research lies in the fact that cyberattacks, due to their transnational nature, the difficulty of attribution, and technical complexities, have created substantial gaps in traditional international law, making a reconsideration of the foundations of state responsibility inevitable. The primary aim of this paper is to analyze the role of cyber law, as an emerging branch of international law, in addressing state accountability for harmful cyber operations. The research method is descriptive-analytical, based on documentary study, drawing upon international legal instruments, treaties, and state practice. The findings indicate that although existing international instruments—such as the Tallinn Manual and certain UN resolutions—represent important steps in recognizing state responsibility, significant shortcomings remain in clarifying attribution criteria and establishing enforcement mechanisms. The main conclusion is that cyber law can serve as a complementary framework to traditional international law by elaborating principles such as non-intervention, sovereignty, and the necessity of recognizing new customary norms, thereby paving the way toward a more coherent legal regime on state responsibility for cross-border cyberattacks. The novelty of this article lies in its systematic analysis of cyber law’s role in bridging the gaps of classical international law and in proposing an integrated framework to address the current challenges.
کلیدواژهها English