Cyber Warfare

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Two nodes of interaction between AI and the obligation to respect state sovereignty

Artificial intelligence (AI) is interacting in ever more complex ways with the sovereignty of states. On the one hand, AI technologies are beginning to underpin key sectors and services, including national security, the economy, healthcare. Consequently – and unsurprisingly – states are seeking to protect AI capabilities and the data infrastructure they rely on. The UK, for instance, designated data centres as critical national infrastructure in 2024 and is planning to designate them as essential services. Such designations play an important role in domestic law – imposing, among others, obligations of risk mitigation and notification on operators of designated infrastructure. These designations may also play a role under international law. Considering AI tools and infrastructure as critical infrastructure or an essential service may affect the application of obligations deriving from state sovereignty.

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Location, Location, Location: The UK Supreme Court’s Judgment in Shehabi v. Bahrain

In August 2022, I co-authored a post on the English case of Al-Masarir v. Saudi Arabia [2022] EWHC 2199, where Knowles J held that Saudi Arabia had no immunity under Section 5 of the UK State Immunity Act 1978 (‘UK SIA’) for its use of Pegasus spyware to hack the devices of Mr Al-Masarir,…

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Sovereign Darkness: Iran’s Internet Blackout and the Four-Body Problem of International Law

By 21 April 2026, Iran’s internet blackout had entered its fifty-third consecutive day, the longest nationwide internet disruption ever recorded (NetBlocks; IODA Iran shutdown report). Connectivity remained at approximately one per cent of pre-war levels. The shutdown was costing the economy an estimated $35–40 million per day in direct losses, rising to $70–80 million when indirect…

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ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes

This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. This…

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A general obligation of due diligence in international law?

Recently, arguments have emerged that a universal source exists from which it is automatically possible to derive binding due diligence obligations for states in relation to all forms of activities. Specifically, these claims contend that international law imposes a general obligation on states to act with due diligence to prevent their territory being used for activity which harms…

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