Covid-19 and the Cyber Pandemic: A Plea for International Law and the Rule of Sovereignty in Cyberspace

Delerue, F.

There has been an important increase in threats and attacks in cyberspace during the Covid-19 crisis. Incidentally, States and other actors have condemned this cyber pandemic and highlighted the incompatibility of these behaviours with international law and the framework of responsible State behaviour. From the perspective of international law, the rule of sovereignty appears to have a central role to play in addressing the malicious cyber activities that have taken advantage of the coronavirus pandemic. Indeed, most of these malicious cyber activities may only constitute breaches of sovereignty. Sovereignty is, however, among the most unsettled and contentious parts of international law, even among the so-called 'like-minded' States, which have expressed very different interpretations. Building on these observations, the present article investigates the different types of cyber operations that unfolded during the Covid-19 pandemic and questions their characterization in relation to the rules and principles of international law. It assesses the theoretical role of the rule of sovereignty in crisis management during a cyber pandemic as well as its actual use in State practice. Ultimately, it demonstrates the centrality of this rule of international law and how the current sanitary crisis may constitute a plea for its application-or perhaps its rejuvenation-and for its further development in State practice. © 2021 NATO CCDCOE.