Cyber Warfare And The UN Charter: Rethinking The Use Of Force In The Digital Age
- IJLLR Journal
- Sep 8
- 2 min read
Mr. Swaraj Jitendra Kadam, B.A. LL.B., Bharati Vidyapeeth's Yashwantrao Chavan Law College, Karad
ABSTRACT
The increased use of cyberspace as a place for conflict has created major issues for international law. Unlike traditional armed force, cyber actions frequently take place without physical harm, but they can still severely damage key infrastructure, upset government operations, and put people in danger. The UN Charter, 1945, is still the main structure that controls the ban on force and the right to self-defense under Articles 2(4) & Article 51. But, how it relates to cyber warfare is still not clear. This paper looks at if major cyber attacks can be seen as a use of force or even as an armed attack as defined by the Charter. It studies how state actions, rulings from the International Court of Justice, and academic work like the Tallinn Manual have tried to explain these rules based on current cyber threats. Issues like the Stuxnet incident and Russian cyber actions against Ukraine, are used to show the unclear differences between spying, coercion, and warfare. The paper also looks into the problems of figuring out who is responsible, making sure responses are appropriate, and collective self-defense in cyberspace. It also considers the small role the UN Security Council has in dealing with cyber conflicts. In the end, it claims that though the Charter offers a basic legal structure, its lack of clarity could harm international peace and security in the digital age. The conclusion says that either a reliable reinterpretation of current rules or negotiating a specific international cyber law tool is needed to make sure there is clarity and responsibility in this changing area.
Keywords: Cyber Attacks, UN Charter, Digital, International Law, Cyberspace
