Международно-правовой принцип невмешательства и кибероперации: неоправданные ожидания?
The article is accessing, whether and in how much the principle of non-intervention into matters within the domestic jurisdiction, as one of the basic principles of International Law, is applicable and able to effectively deter so-called «low-intensity cyberoperations», i.e. computer network attacks which do not fall under the notion of «use of force». For this purpose the author tries to clarify what are the content and the scope of application of this principle in International Law and comes to conclusions, that relevant acts of «soft law», by leaving the concrete shape of this principle foggy, reflect a comfortable compromise reached between states; and the impact of pronouncements made by the International Court of Justice in Nicaragua v. USA, which is still regarded as a key judgment in this sphere, is rather overestimated. As a result, it is concluded that the principle of non-intervention in its international legal dimension, though being able to restrain flagrant and direct interference of other states, because of its limited scope, combined with a high level of«legal uncertainty» surrounding its basic elements, is not able to play a role of an effective instrument combatting cyber operations. Moreover, a mixture of legal and political approaches, accompanying application of this principle, becomes an obstacle for crystallization of new international customs, which might regulate specifics of cyber attacks.