CYBERATTACKS AS GROUNDS FOR THE DECLARATION OF A STATE OF EMERGENCY
DOI:
https://doi.org/10.30925/zpfsr.46.3.5Keywords:
cyberattacks, state of emergency, emergency powers, national security law, constitutional crisis management.Abstract
This article examines whether large-scale cyberattacks can be a legitimate reason for declaring a state of emergency. The central thesis is that while cyberattacks do not fit into the traditional categories of emergencies, their increasing capacity to seriously disrupt essential state functions calls for a reassessment of the legal thresholds for the use of emergency powers. The article argues that a cyberattack can justify the declaration of a state of emergency if it causes a systemic disruption to critical infrastructure, public order or national security and reaches a level of severity comparable to conventional emergencies. Real-world examples such as the cyberattacks on Estonia in 2007 and the ransomware crisis in Costa Rica in 2022 show different state responses and the evolving legal perception of cyber threats. At the same time, the article warns against the normalization of emergency regimes in response to persistent or unclear threats in cyberspace. The risk is that democratic governance is undermined by the prolonged or unjustified use of exceptional measures. While cyberattacks can in certain and extreme circumstances justify a state of emergency, such decisions must remain the exception and subject to the principles of necessity, proportionality and democratic control.
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