Disinformation in cyberspace principles of sovereignty and non-intervention under international law

The Russian Federation invaded Ukraine on 22 February 2022. While at war with Ukraine, Russia is also engaged in a ‘war of words’ with European States that are supporting Ukraine in its battle against the Russian Federation. To undermine and sow discord in the Western coalition, Russia has executed a disinformation operation, coined Operation Doppelgänger. Operations such as this constitute an irritant, but blocking (foreign) media outlets that share the disinformation is, especially in democratic States, at odds with fundamental rights, including the freedom of speech, even if these media outlets spread unwelcome narratives. Even if disinformation operations remain well below the threshold of a ‘use of force’, that does not render them lawful. The activities of Operation Doppelgänger executed via cyberspace can and do indeed breach the sovereignty of the targeted States, not by encroaching upon their territorial integrity, but by interfering with their political independence. Depending on the interpretation of international law, they can also amount to a prohibited intervention. Different interpretations create ambiguity on how to
apply international law to cyberspace – ambiguity that creates room to accommodate new developments but can also be used as an instrument of power to further national interests, resulting in an undesirable legal asymmetry.