Cyber Warfare

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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, a human rights activist located in the UK. Four years later, the UK Supreme Court handed down its long-awaited judgment in Bahrain v. Shehabi [2026] UKSC 25, bringing an end to debates over whether States enjoy immunity under UK law for transboundary cyber espionage operations.

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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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The African Union’s Statement on the Application of International Law to Cyberspace: An Assessment of the Principles of Territorial Sovereignty, Non-Intervention, and Non-Use of Force

A growing number of States have published statements examining the application of international law to cyberspace (for an overview see the Cyber Law Toolkit). On 29 January 2024, the African Union (AU) Peace and Security Council adopted the ‘Common African Position on the Application of International Law to the Use of Information and Communication Technologies in…

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