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Faculty & Experts
04 November 2024

Cyber Challenges and Modern Diplomacy

Daryna Abbakumova, Visiting Researcher and Professor at the Department of International Law at the Geneva Graduate Institute, addresses the ever-changing approaches to diplomatic relations in today's world of emerging technologies, artificial intelligence and cyber threats.

 

Modern diplomatic relations between countries are no longer just official meetings between ambassadors in the elegant halls of diplomatic missions or ministries of foreign affairs. New technologies create new challenges for the international community, which diplomats have to face as well.

Some countries have already created special embassies that deal exclusively with technological issues and help countries improve not only relations with their counterparts in the technological sphere, but also establish cooperation with large technological companies and attract their investments to the countries. A prominent example is Denmark, which was one of the first countries to introduce the position of a tech ambassador back in 2017. It was quite an innovative solution, because its main purpose did not fit a little into the functions of a classical ambassador, as stated in the Vienna Convention on Diplomatic Relations of 1961. The unusual thing was precisely the completely technological direction of its functions and cooperation with companies in Silicon Valley in the USA. Denmark even coined a separate term for this area of activity – TechPlomacy. This initiative was very quickly supported by other countries and now there are about 20 tech envoys from different countries in Silicon Valley. 

Another serious challenge for diplomacy and the international community as a whole is the growing number of cyber threats every year. This primarily concerns cyber attacks, which have become commonplace in the modern world. Armed conflicts between states are now being fought not only on the battlefield but also in cyberspace. Just mention the numerous cyber attacks during Russia's invasion of Ukraine, which make it clear that danger can await not only in the physical space, but also in the virtual one. Although not all cyber operations carried out in cyberspace reach the level of severity to be considered cyber attacks, most countries agree that those that cause permanent loss of system functionality or result in protracted repairs or even human casualties or physical damage will usually be considered cyber attacks.

The Prosecutor of the International Criminal Court (ICC) has already stated that he is considering the possibility of investigating cyber attacks by the Office of the Prosecutor as international crimes under the Rome Statute. Thus, in the future, cyber attacks may fall under the jurisdiction of the ICC and constitute war crimes, crimes against humanity, the crime of genocide and the crime of aggression. Of course, in this case, it is also necessary to take into account the gravity and seriousness of the cyber attack and the consequences that have occurred in order to qualify the cyber attack as an international crime under the Rome Statute of the ICC.

Some countries have already begun to pay special attention to these threats not only in terms of security, but also in terms of diplomatic relations between states, some of which have begun to focus specifically at solving cyber issues. A striking example of the impact of cyber threats on diplomacy is the creation of ministries and positions of cyber ambassadors in countries such as EstoniaAustraliathe United States, and some others. In the United States, for example, such a position was introduced quite recently, in 2022, after the creation of the new Bureau of Cyberspace and Digital Policy, which is headed by the U.S. Ambassador at Large for Cyberspace and Digital Policy. Switzerland has also established the Digitalisation Division within the Swiss Federal Department of Foreign Affairs, which is responsible for digitalisation and cybersecurity, which are among the country's foreign policy priorities.

The digitalisation of all spheres of life certainly carries great risks, but at the same time it helps in solving the everyday problems faced by states. Diplomacy has always been designed to address the complex challenges faced by the international community. In today's world of emerging technologies, artificial intelligence and cyber threats, states must find new approaches to diplomatic relations and solving complex problems of our time. The introduction of special digital departments within the ministries of foreign affairs or even entire new ministries is a very good indicator of the combination of classical diplomatic approaches with modern technologies.