Prohibition on Intervention Under International Law and Cyber Operations   [open pdf - 761KB]

From the Introduction: "Attempts to influence the affairs of other States have occurred since time immemorial. The Parliament of England in 1533 accused the Pope of 'abusing and beguiling [King Henry VIII's] subjects ... in great derogation of [Henry's] imperial crown and authority royal.' More recently, during the Cold War, Soviet bloc and developing States strongly objected to western radio broadcasts into their territories without their prior consent, on grounds that they should be able 'to develop and maintain their own social, political, economic and cultural systems.' Yet, cyber technologies have made way for such meddling to occur in novel and unique ways--particularly in light of how they enable reaching otherwise inaccessible places and audiences, while allowing a large degree of anonymity. [...] The essence of this article's argument is that under the 'lex lata' the prohibition on intervention only applies to acts amounting to a use of force or constituting support for the violent overthrow of a foreign regime. [...] The structure of the article is as follows. Part II will examine how the prohibition on intervention under customary international law was treated in its formative years--the 1960s to 1980s. This will set the stage for Part III, which will seek to dissect the ICJ [International Court of Justice]'s findings regarding the prohibition on intervention in the 'Nicaragua' case--the leading case on the subject. Part IV will analyze how the prohibition on intervention has been understood by States since the 'Nicaragua' judgment. Part V will provide some concluding observations."

Open Access. Authors have granted unrestricted access. Document is under a Creative Commons license and requires proper attribution and noncommercial use to be shared: [https://creativecommons.org/licenses/by-nc-sa/4.0/].
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U.S. Naval War College Digital Commons: https://digital-commons.usnwc.edu/
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International Law Studies (2022), v.99, Issue 1, p.180-219
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