Criminal law and Criminology Studies

Cyber Aggression and the right to Self-Defense against It

Articles in Press

Document Type : Research Paper

Authors

shadi tazesh 1
seyed ghasem zamani 2
mahdi abdolmaleki 3

1 Ph. D in International Law of Allameh Tabatabai University

2 Professor of international law in Allameh Tabatabai University

3 PhD in International Law, Lecturer Faculty of Law and Political Science, Islamic Azad University, Karaj Branch, Karaj, Iran

10.22059/jqclcs.2026.392754.1990
Abstract
New technologies have transformed traditional forms of attack, leading to numerous reports of assaults by both non-governmental and governmental actors on the foundations of a country—extending beyond just its tangible borders. Many modern forms of attack now meet the criteria for aggression. However, since 2010, when governments in Kampala defined the crime of rape after years of speculation, it seems highly unlikely that a legal framework to categorize cyber-attacks as rape will emerge anytime soon. Nevertheless, it is optimistic to believe that the Kampala document has the potential to address the legal vacuum surrounding these issues, even if the solution is not definitive. By recognizing aggression in cyberspace and the legitimate right to defend against it, existing legal frameworks—such as Article 51 of the United Nations Charter and the Tallinn Manual—can provide guidance. However, cyber-attacks must be assessed in terms of their nature, intensity, and scope to determine whether they qualify as armed attacks under the concept outlined in Article 4.2 of the UN Charter. Legal prerequisites for self-defense, including "necessity," "proportionality," and "urgency," must be satisfied in response to cyber aggression. However, factors such as the diversity of attackers in cyberspace and the erosion of non-territorial boundaries complicate the application of self-defense in this context.

Keywords

'
cyber aggression'
self-defense'
Kampala Agreement'
Tallinn Guidelines'
, '
use of force'
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