Countering Terrorist Attacks on Critical Infrastructure of a Country in International Law

Document Type : Original Article from Result of Thesis

Authors

• Ardeshir Nematpour ¹
• Mostafa Taghi Zade Ansari ²
• Sakineh Babri Gonbadi ³

¹ PhD Student in Public International Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

² Assistant Professor, Department of International Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

³ Assistant Professor, Department of Political Science and International Relations, North Tehran Branch, Islamic Azad University, Tehran, Iran.

Abstract

Highlights

Introduction

There have been many changes in attitudes toward terrorism and counterterrorism since old times. In the international law, proper measures have been taken to counter terrorist attacks. Countries have reached an international consensus to cooperate with each other in order to stand against terrorism and its adverse outcomes. The United Nations has formulated and approved different conventions to counter terrorist threats and attacks in different dimensions for the survival of states. However, what motivated the author to write this manuscript and do research in this area is the presence of a legal gap in the literature on countermeasures to terrorist attacks on the critical infrastructure of a company.

This study found cyber terrorism attacks on the critical infrastructure of a country under the rule of different international documents compensating partly for the lack of international legal power to regulate the cooperation of states. The main research concern is the lack of a convention or a unique comprehensive document regarding countermeasures to terrorist physical attacks on the infrastructure of a country. The literature was reviewed in a bid to analyze the applicable regulations regarding terrorist attacks on the critical infrastructure of a country. Therefore, it is possible to determine the legal gaps concerning the refusal of countries and terrorist groups to take the responsibility of physical attacks on the critical infrastructure of other countries. The main question is: What international law rules over countermeasures to terrorist attacks on the infrastructure of a country? Based on the research hypothesis, it appears that the international law has set different rules in various resolutions and conventions to counter terrorist threats; however, there is still a gap regarding terrorist attacks on the critical infrastructures of a country. Hence, this paper reviews the research background and analyzes the theoretical foundations to explain and perceive the contents and goals of interest properly. The next section discusses the goals and instances of the critical infrastructure. Finally, the manuscript presents the rules and documents existing in the international law regarding terrorist attacks on the critical infrastructure of a country.

Research Method

A descriptive-analytical technique was employed in this manuscript, and the relevant information was collected through the desk method.

Findings

• Determining the availability of many documents and studies regarding terrorist attacks on the critical infrastructure of countries in the cyberspace
• Detecting a gap in the international law concerning physical terrorist attacks on the critical infrastructure of countries
• Proposing a comprehensive international convention to bridge the gap

Conclusion

This study aims to answer the question what international law rules over countermeasures to terrorist attacks on the critical infrastructure of a country. Accordingly, the ultimate result indicates that terrorist attacks are generally covered by the rule of international regulations under the international law. However, in particular, physical terrorist attacks on the critical infrastructure of a country and the legal consequences are not covered by a specific document in the international law. Therefore, the international community faces a gap in regulations while encountering these terrorist attacks and needs to formulate and approve a comprehensive international convention in this regard. Moreover, the international law includes different documents for monitoring terrorist attacks on the critical infrastructure; however, they only rule over terrorist attacks on the cyber infrastructure. In other words, physical attacks on the critical infrastructure are not ruled by any international conventions or comprehensive documents. In fact, cyberattacks are conducted through software or hardware invasions that cause damage to the target without any physical interventions. However, physical attacks are conducted by either explosives or unmanned aerial vehicles and missiles. In both cases, when the critical infrastructure of a country is attacked, the damage might be so irreversible that the post-attack measure will be futile. As discussed thoroughly in the manuscript, the term “critical infrastructure” is still new in the research literature on the international law; therefore, the international community has not yet managed to organize the cooperation of states to counter such attacks and mitigate these attacks and the resultant damage. As mentioned earlier, the necessary measures were taken in the formulation and approval of the essential rules; however, there is a considerable gap regarding physical terrorist attacks on the critical infrastructure. To bridge this gap, this manuscript proposed integrating the international cooperation and assistance of countries in addition to formulating and approving a comprehensive convention to counter physical terrorist attacks on the critical infrastructure of a country. Furthermore, there are different instances of critical infrastructure in various countries; thus, it is necessary to first give a comprehensive definition of the critical infrastructure. Its instances should then be clarified in order to prevent misinterpretations and misuse of its concepts.

Keywords

• Terrorist Attacks
• Critical Infrastructure
• Cyber Attack
• Physical Attack
• International Convention

Main Subjects

• Terrorism
• International Law
• Information Technology (IT)