Are the rules for the right to self-defense outdated to address current conflicts like attacks from non-state actors and cyber-attacks?

Autores

  • Gonzalo J. Arias Universidad Adolfo Ibáñez

Resumo

The latest US-led coalition’s attacks against ISIS in Syria raised the question whether states can use defensive force against non-state actors. Two critical incidents had previously triggered the discussion on the importance and consequences of cyber-attacks as a new form armed attacks. The first one occurred in Estonia in 2007, when the country experienced extensive computer hacking attacks that lasted several weeks. The second incident happened in 2008, during the Georgia–Russia conflict over South Ossetia, when Georgia experienced cyber-attacks similar to those suffered by Estonia in the previous year. Furthermore, on June 21, 2016, the central banks of Indonesia and South Korea were hit by cyber-attacks on their public websites since activist hacking group Anonymous pledged last month to target banks across the world. The previous incidents have created, once again, public questioning if the rules on the use of force and the right of self-defense established in the United Nations Charter are sufficient and efficient to address these new forms of attacks.

Palavras-chave:

Self-defense, United Nations, Pre-emptive Self-defense, non-state actors, cyber-attacks

Biografia do Autor

Gonzalo J. Arias, Universidad Adolfo Ibáñez

JD Universidad Adolfo Ibáñez, Chile; LLM, University of Melbourne