| Autor: |
KHODANOV Andrei Ivanovich |
| Jazyk: |
English<br />Russian |
| Rok vydání: |
2024 |
| Předmět: |
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| Zdroj: |
Правовое государство: теория и практика, Vol 20, Iss 3(77), Pp 155-159 (2024) |
| Druh dokumentu: |
article |
| ISSN: |
2500-0217 |
| DOI: |
10.33184/pravgos-2024.3.18 |
| Popis: |
The article analyzes the problems associated with recognizing a cyberattack on a NATO member state as a reason to declare war (casus belli). The article reveals the evolution of the Alliance's approaches to the issues of cyber threats and cyber defense from the Prague Summit in 2002 to the Brussels Summit in 2021. The article discusses the criteria proposed in the Tallinn Manual on the International Law Applicable to Cyber Warfare that make it possible to classify a cyberattack as an act of use of force. Statistics on cyberattacks are presented and their relevance to international law and cybersecurity is noted. Purpose: to analyze the conditions and circumstances under which a cyberattack may be considered by NATO countries as a reason to declare war. Methods: formallegal, historical-systemic, retrospective. Results: the study has led to the following conclusions. First, despite existing international legal norms, the criteria for recognizing a cyberattack as a casus belli remain unclear, which allows NATO countries to retain flexibility in responding to cyber threats. Second, the application of Article 5 of the North Atlantic Treaty by NATO countries does not oblige them to unconditionally and without alternative to launch armed actions against the source state, but only requires other NATO members to provide any possible and appropriate assistance to the affected party. |
| Databáze: |
Directory of Open Access Journals |
| Externí odkaz: |
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