The Evolution of International Law in the Context of Digitalization

Abstract

The article is dedicated to analyzing the impact of digitalization on modern international law, international relations, and the protection of human rights. The author emphasizes that cyberspace today constitutes an integral part of international relations. It opens new horizons for cooperation between state and non-state actors, facilitates the rapprochement of people from different countries, but at the same time creates serious challenges to global stability and security.
The dualistic consequences of digitization are examined. The positive aspect lies in facilitating access to legal information, simplifying its dissemination, and expanding the scope of traditional rights, particularly freedom of expression (Article 19 of the Universal Declaration of Human Rights of 1948 and Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950). The Ukrainian portal “Diia” is cited as an example of the automation of public services.
The negative side is associated with risks of violating the right to privacy through the processing of personal data, unauthorized use of information, and the emergence of new threats. Particular attention is paid to new challenges: cyberattacks, information warfare, the use of artificial intelligence in the military sphere, and the rapid spread of cybercrime.
The author notes that international humanitarian law and existing human rights protection mechanisms are not yet sufficiently adapted to these realities. New categories of rights are emerging, such as the right to protection from cyber warfare and the right to peace in the digital space. The article analyzes the problem of the practical implementation of digital rights. Despite their enshrinement in national legislation (particularly in the EU), judicial and law enforcement authorities face difficulties in qualifying offenses due to anonymity, the high speed of processes, and the lack of appropriate tools in national legal systems.
In conclusion, the necessity of adapting international law is underlined: strengthening international cooperation, developing new conventions on the regulation of AI and cybersecurity, creating effective accountability mechanisms (including for organized cyber groups), and maintaining a balance between innovative development and the protection of human rights. The key task of our time is the formation of global ethical standards in the digital sphere.