Document Type : Original Article
Authors
1
Corresponding author: Professor of the Department of jurisprudence and private law of the Faculty of Humanities, Shahid muthari University, Tehran, Iran.
2
Doctoral student in the field of jurisprudence and the foundations of Law, Faculty of Humanities of Shahid muthari University, Tehran, Iran.
3
Associate Professor of Private Jurisprudence and Law, Higher School and Shahid Motahari of TehranUniversity , Iran
Abstract
Abstract
With the expansion of cyberattacks and the increase in associated threats, the concept of preemptive defense in international law has entered a new phase. This research aims to examine the legal foundations for the use of the doctrine of preemptive defense in response to cyberattacks and to align it with traditional principles of international law. The methodology of this study is descriptive-analytical, utilizing reputable international legal sources, including the United Nations Charter and international judicial decisions, for analysis.
In this research, the doctrine of preemptive defense is examined as a theoretical basis in international law, and an effort is made to analyze its applicability to cyberattacks. Additionally, the challenge of identifying the sources of cyberattacks and the indirect nature of the damages resulting from these attacks are recognized as key legal challenges in this area.
The findings of this study indicate that, although there are general principles in international law that permit the doctrine of preemptive defense under specific conditions, significant legal and interpretative gaps still exist in the context of cyberattacks. Notably, due to the technical complexities and non-physical nature of cyberattacks, more precise regulations are needed. Therefore, the development of more accurate and updated legal frameworks at the international level to address cyber threats is deemed essential so that states can respond to these threats based on clear and internationally compliant principles.
Keywords: Cyberattacks, Preemptive Defense, International Law, United Nations Charter
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