Qaisar Nasrat

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Aggression in cyberspace and self-defence
(Adalet Yayınevi, 2023) Nasrat, Qaisar; Nasrat, Qaisar; Batır, Kerem; Atıcı Kabalak, Cansu; Yıldız, Elif Çağla; Hukuk Fakültesi, Hukuk Bölümü
Cyber attack is a new phenomenon that can change the classical warfare techniques carried out by state and non-state actors. The unique nature of this extremely destructive threat and attacks through cyberspace have the power to damage, kill and physically destroy. Traditional definitions of the use of force have therefore changed. The real question is whether a cyber attack is the use of force equal to an armed attack in terms of international law, or is it basically a prohibition of interference in the internal affairs of countries. In other words, based on Article 2(4) of the United Nations Convention, an answer is sought to the question of whether cyber attack can be considered as the use of armed force. On the other hand, in the case of a large-scale cyber-attack that causes human casualties or property damage or to basic infrastructure comparable to an armed attack with only conventional weapons, does the victim state have the right to defend itself against the cyber-attack? It also gives the armed forces the right to respond with conventional weapons. This study details the question of when a cyberattack constitutes an armed attack according to Article 51 of the UN Charter and allows a state to take kinetic measures alongside active cyber defense measures. Then, the rules prohibiting the use of force in international law will be discussed and whether there is a right of self-defense against cyber attacks will be examined within the framework of current international law, and suggestions will be made regarding cyber attack and kinetic defense policy options for states.

Nasrat, Qaisar

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