Between Israel and Iran: Middle-East Attitudes to the Role of International Law in the Cyber-Sphere

Abstract

This Chapter explores the policies outlined by Israel and Iran concerning the application of international law to cyberspace, in a quest to understand if there is some form of a Middle-Eastern approach to the topic. The Chapter demonstrates how Iran and Israel intertwine their security and military interests with their legal perspectives. The Chapter reveals that Israeli policy reflects its self-perception as a technologically advanced State that is part of the dominant camp, composed mostly of Western States. As for Iran, its position is affected from its experience with sanctions, which creates a sense of unfairness, leading Iran to push for promotion of new international law instruments that will regulate this new and constantly developing field, unlike Israel which prefers application of existing international laws to cyberspace. The Chapter also suggests, more generally, that clearer international law rules could settle questions such as the required standard of proof for attribution, or the procedure through which a State can make a claim of attribution. They could also incentivise States to cooperate in international efforts, encourage them to accept restraint in cross-border cyber operations, and to exercise prudence in their own territory. It can also serve as an important chilling factor. States that have outlined their legal position, such as Israel and Iran, have taken a first step – but this is not enough. As such, declarations by States should be a leverage in this direction rather than a move in a different one.