CYBERSECURITY AND SOVEREIGNTY: THE ROLE OF INTERNATIONAL LAW IN GOVERNING STATE BEHAVIOUR IN CYBERSPACE

Abstract

The rapid digitization of state functions and global interconnectivity has elevated cyberspace into a critical domain of international relations, where issues of sovereignty and state conduct are increasingly contested. This research explores the extent to which international law governs state behavior in cyberspace, focusing on foundational principles such as sovereignty, non-intervention, and the prohibition of the use of force. The purpose of the study is to assess the adequacy of existing legal frameworks in addressing cyber threats and to identify gaps in accountability and enforcement. Employing doctrinal legal analysis and comparative review, the study evaluates key instruments including the UN Charter, customary international law, and the Tallinn Manual. The research finds that while international law provides a conceptual foundation, its application in cyberspace remains fragmented and underdeveloped, particularly in areas such as attribution, enforcement, and norm formalization. The study underscores the need for greater legal clarity, multilateral cooperation, and institutional mechanisms to strengthen international cyber governance while respecting digital sovereignty. These findings contribute to ongoing debates on how to balance national security interests with collective responsibility in maintaining a secure and open cyberspace as states increasingly rely on digital infrastructure, cyberspace has emerged as a critical domain for national security, economic stability, and political sovereignty. However, the inherently borderless nature of cyberspace poses complex challenges for the traditional principles of international law, particularly sovereignty, non-intervention, and the prohibition of the use of force. This article examines the evolving role of international law in governing state behavior in cyberspace, explores key legal principles, and assesses current efforts to develop a coherent framework for cybersecurity governance. It also evaluates the shortcomings of existing legal mechanisms and proposes pathways to enhance international cooperation and accountability in cyberspace.

Keywords: Digital sovereignty, Cyber norms, Attribution challenges, international accountability, State-sponsored cyber operations, Legal frameworks, Cross-border data governance, Due diligence obligations, Non-intervention principle, Critical infrastructure protection