Editing National position of Iran (2020)

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==Introduction==
 
==Introduction==
 
This is the position of Iran on international law applicable to cyber operations. The position <ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref> has been prepared by the Armed Forces Cyberspace Center in July 2020 and published by the General Staff of the Iranian Armed Forces in a statement in August 2020.
 
This is the position of Iran on international law applicable to cyber operations. The position <ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref> has been prepared by the Armed Forces Cyberspace Center in July 2020 and published by the General Staff of the Iranian Armed Forces in a statement in August 2020.
   
==[[Applicability of international law]]==
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==Applicability of international law==
<section begin=IR_2020 applicability />
 
 
"'''Article I: General Points'''
 
"'''Article I: General Points'''
   
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2. Emphasizing that while all states shall act responsibly regarding cyberspace, they have common but different responsibilities because of resources and technologies available for each state.
 
2. Emphasizing that while all states shall act responsibly regarding cyberspace, they have common but different responsibilities because of resources and technologies available for each state.
   
3. Considering that a wide range of general principles of current international law, including equality of sovereignty of states, the prohibition against the use of force and act of aggression may apply to the use of cyberspace."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref><section end=IR_2020 applicability />
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3. Considering that a wide range of general principles of current international law, including equality of sovereignty of states, the prohibition against the use of force and act of aggression may apply to the use of cyberspace."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref>
   
==[[Sovereignty]]==
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==Sovereignty==
<section begin=IR_2020 sovereignty />
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<section begin=IR sovereignty />
 
"'''Article II: Sovereignty Policies of Armed forces of the Islamic Republic of Iran'''
 
"'''Article II: Sovereignty Policies of Armed forces of the Islamic Republic of Iran'''
   
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4. Any utilization of cyberspace if and when involves unlawful intrusion to the (public or private) cyber structures which is under the control of another state, maybe constituted as the violation of the sovereignty of the targeted state.
 
4. Any utilization of cyberspace if and when involves unlawful intrusion to the (public or private) cyber structures which is under the control of another state, maybe constituted as the violation of the sovereignty of the targeted state.
   
5. The sovereignty of states is not an extra-legal matter. It shall be interpreted under the other fundamental legal principles such as non-intervention, good faith, self-determination, and other basic principles. It must be kept in mind that the sovereignty of states is subject to the principle of equality and the sovereignty of any state is not above the sovereignty of the other states. Therefore, any limiting and freezing measure, including sanctions, constitutes the violation of the sovereignty of independent states because of not respecting the sovereignty of target states."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref><section end=IR_2020 sovereignty />
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5. The sovereignty of states is not an extra-legal matter. It shall be interpreted under the other fundamental legal principles such as non-intervention, good faith, self-determination, and other basic principles. It must be kept in mind that the sovereignty of states is subject to the principle of equality and the sovereignty of any state is not above the sovereignty of the other states. Therefore, any limiting and freezing measure, including sanctions, constitutes the violation of the sovereignty of independent states because of not respecting the sovereignty of target states."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref>
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<section end=IR sovereignty />
   
==[[Prohibition of intervention]]==
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==Prohibition of intervention==
<section begin=IR_2020 prohibition of intervention />
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<section begin=IR prohibition of intervention />
 
'''"Article III: Intervention in Internal [and external] Affairs of other States from the View-Point of the Armed Forces of the Islamic Republic of Iran'''
 
'''"Article III: Intervention in Internal [and external] Affairs of other States from the View-Point of the Armed Forces of the Islamic Republic of Iran'''
   
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4. Every state enjoys the inherent right to the full development of information system and mass media and their employment, without intervention, to advance their own political, social, economic, and cultural interests and aspirations. Any measure resulting in impediment, denying, and or restricting operation of signals and means of information transfer and providing control systems and exercising the sovereignty of the state is regarded as unlawful.
 
4. Every state enjoys the inherent right to the full development of information system and mass media and their employment, without intervention, to advance their own political, social, economic, and cultural interests and aspirations. Any measure resulting in impediment, denying, and or restricting operation of signals and means of information transfer and providing control systems and exercising the sovereignty of the state is regarded as unlawful.
   
5. Any capacity-building program in the field of cyber shall be designed and applied under the national plans and needs of states and in consistence with their economic, social, and cultural situations. These programs shall not become a means for intervention in the internal affairs of states."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref><section end=IR_2020 prohibition of intervention />
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5. Any capacity-building program in the field of cyber shall be designed and applied under the national plans and needs of states and in consistence with their economic, social, and cultural situations. These programs shall not become a means for intervention in the internal affairs of states."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref>
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<section end=IR prohibition of intervention />
   
== [[Self-defence|Self-defence, armed attack and use of force]]==
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==Self-defence, armed attack and use of force==
<section begin=IR_2020 self-defence, armed attack and use of force />
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<section begin=IR self-defence, armed attack and use of force />
 
"'''Article IV: Use of Force and Cyber Attack from the View-point of the Armed Forces of the Islamic Republic of Iran'''
 
"'''Article IV: Use of Force and Cyber Attack from the View-point of the Armed Forces of the Islamic Republic of Iran'''
   
 
1. Armed forces of the Islamic Republic of Iran believe that certainly, those cyber operations resulting in material damage to property and/or persons in the widespread and grave manner and or it logically is probable to result in such implications constitutes use of force. Should such operations affect the vital national infrastructures, including defensive infrastructures- whether owned by the public or private sector- they shall violate the principle of the non-use of force.
 
1. Armed forces of the Islamic Republic of Iran believe that certainly, those cyber operations resulting in material damage to property and/or persons in the widespread and grave manner and or it logically is probable to result in such implications constitutes use of force. Should such operations affect the vital national infrastructures, including defensive infrastructures- whether owned by the public or private sector- they shall violate the principle of the non-use of force.
   
2. Armed forces of the Islamic Republic of Iran, also, believe that their right to self-defense shall be reserved if the gravity of the cyber operation against the vital infrastructure of the state is reached in the threshold of the conventionally armed attack."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref><section end=IR_2020 self-defence, armed attack and use of force />
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2. Armed forces of the Islamic Republic of Iran, also, believe that their right to self-defense shall be reserved if the gravity of the cyber operation against the vital infrastructure of the state is reached in the threshold of the conventionally armed attack."<ref>[https://nournews.ir/En/News/53144/General-Staff-of-Iranian-Armed-Forces-Warns-of-Tough-Reaction-to-Any-Cyber-Threat Declaration of General Staff of the Armed Forces of the Islamic Republic of Iran Regarding International Law Applicable to the Cyberspace, August 2020]</ref>
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<section end=IR self-defence, armed attack and use of force />
   
 
== Appendixes ==
 
== Appendixes ==
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