MEĐUNARODNO JAVNO PRAVO U DIGITALNOJ (SF)ERI: SAJBER SANKCIJE I ODRŽIVI RAZVOJ

Abstract

The swift progression of digital technologies has profoundly reshaped global governance, giving rise to new legal issues at the crossroads of international public law, cybersecurity, and sustainable development. This study explores how the principle of non-intervention is changing in the digital age, with particular attention to the legality of cyber sanctions and their effects on sustainable development. By referencing international legal instruments such as the United Nations Charter, customary international law, and pivotal case-law, the paper maintains that cyber actions—including hacking, disinformation operations, and the disruption of infrastructure—are unlawful interventions under international law, despite their unconventional digital form. At the core of this discussion lies the non-intervention principle, articulated in the 1970 Declaration on Friendly Relations, which forbids states from meddling in the internal or external matters of other nations. The article challenges the unilateral enforcement of cyber sanctions, notably those implemented by the United States and the European Union, as breaches of this principle. Although conventional economic sanctions have long been debated, cyber sanctions intensify these concerns by utilizing digital means to exert pressure on states, often circumventing established legal protections. Actions such as freezing assets, imposing technology embargoes, and blocking platforms disproportionately limit access to vital digital resources, thereby hindering technological progress, educational initiatives, and healthcare services within the targeted countries. This study delves into the nexus between cyber sanctions and sustainable development, underscoring their detrimental impact on the attainment of the United Nations Sustainable Development Goals (SDGs). Through case analyses from countries such as Iran, Syria, Zimbabwe, and Russia, it demonstrates how limitations imposed on digital services like GitHub and Zoom obstruct the flow of knowledge, disrupt supply chains, and worsen humanitarian situations. For example, Iran’s inability to access medical software during the COVID-19 crisis and Syria’s restricted availability of diagnostic tools exemplify the direct human consequences of these sanctions. The research also emphasizes that these restrictions infringe upon essential human rights—including the right to be presumed innocent (Article 14 of the ICCPR) and freedom of expression (Article 19 of the ICCPR)—while simultaneously hindering economic progress and international scientific cooperation. In summary, the paper advocates for the establishment of comprehensive international legal frameworks to govern cyber sanctions, ensuring they adhere to the principles of proportionality, fair legal procedures, and respect for human rights. It calls for collaborative, multilateral efforts to tackle cyber threats in a way that does not compromise sustainable development, urging nations to strike a balance between security demands and their responsibilities to safeguard common global assets. By integrating legal theory with practical developmental concerns, this research enriches ongoing discussions on harmonizing digital sovereignty with the global pursuit of fairness and resilience in the modern era.