Los ciberataques estatales en tiempos de paz: análisis de su calificación jurídica a la luz del Derecho internacional

Abstract

At present, most of the interactions of countries, at all levels, are carried out in cyberspace. Recently, many state governments are facing the problem of cyber-attacks and the danger of wireless communication technologies. In some other cases, cyber-attacks can have military or political purposes. Despite their potential for disruption to international peace and security, there is no specific international legal structure for analyzing cyber-attacks. The aim of this paper is to study the framework of jus ad bellum to cyber-attacks and to examine the application of articles 2(4) and 51 of the United Nations Charter to this new reality. This paper argues these provisions and the United Nations General Assembly Resolution 3314 (XXIX) can be interpreted to include cyber-attacks. It is expected that the comprehensive review study presented will be useful.