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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
International Legal Framework for Cyber Attacks in Outer Space:The Issue of “Use of Force”
Author(s)
SU Yuting, JIANG Shengli
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DOI:10.17265/1548-6605/2025.02.003
Affiliation(s)
East China University of Political Science and Law, Shanghai, China
ABSTRACT
The convergence of outer space
and cyber operations has heightened risks of cyberattacks against space
infrastructure. Such attacks, marked by non-physicality, cross-domain effects,
and anonymity, challenge the prohibition of the “use of force” under Article
2(4) of the UN Charter. This paper examines the legal thresholds for
characterizing outer space cyber operations as “use of force” by analyzing the
UN Charter, the Tallinn Manual 2.0, and the doctrinal debates on intent, means,
and consequences. It critiques the “scale and effects” criterion for
inadequately addressing non-physical harms and attribution challenges inherent
to cyberattacks. The study advocates for targeted reforms, including the
development of specialized rules for outer space cybersecurity, enhanced
multilateral cooperation to improve attribution mechanisms and the
establishment of binding instruments such as a “Space Cyberattack Defense
Convention”. These proposals aim to reconcile evolving cyber threats with jus
ad bellum principles, offering both theoretical and practical pathways to
strengthen international law’s adaptability to hybrid security threats in the
digital and spatial domains.
KEYWORDS
outer space cyberattacks,use of force, UN Charter, Tallinn Manual 2.0,scale and effects, international legal regulation
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