International information security as a guarantee of the exercise of the right of peoples to self-determination

Smirnykh Sergey Evgenievich PhD in Law Academic Secretary, Russian Association of International Law Researcher of the International Law Sector of the Institute of State and Law of the Russian Academy of Sciences 129085, Russia, g. Moscow, ul. B. Mar'inskaya, 7 k. 1 sergey101982@yandex.ru

In the modern world, the issues of information security and the right of peoples to self-determination are interrelated and are becoming increasingly relevant.

There are constant processes of mutual influence of states on each other in connection with trade, exchange of technologies and information, which has become one of the greatest values in the modern world.

In the future, the role of information in the regulation of international relations will only increase due to the development of modern information technologies, which poses the task of states to create a system of international information security, which should become a key element of the international security system^[1].

As A.A. Kovalev rightly notes, in the modern world there is a formation of a single information space, a significant strengthening of cross-border trade in goods and services, the creation of integration associations, etc.^[2]

At the same time, it should be borne in mind that the creation of a single international information space has both positive and negative aspects.

For example, the Internet allows you to get distance education, establish contacts, make deals. At the same time, it also poses a certain danger to users due to the dissemination of unreliable and harmful information.

International legal regulation of information security is a very difficult task due to the constant emergence of new challenges and threats.

At the same time, it should be borne in mind that the state of legal provision of information security at the international level allows us to conclude about its uncertainty.

Russia is an important participant in the world community and depends on the processes taking place in the modern globalizing world. Therefore, for Russia, ensuring the information security of its national interests is becoming increasingly important over time.

In this regard, we can agree with the statement that ensuring the security of any States is possible only within the framework of a collective strategy. Depending on what Russia's place and role in the collective security strategy will be, its future also depends^[3].

Therefore, it seems fair to say that ensuring information security is also fully possible within the framework of a collective strategy. The future of Russia and its multinational people also largely depends on ensuring information security.

It should be borne in mind that the XXI century is considered the century of information technologies, which are one of the main factors influencing the development of society^[4].

Information technologies are increasingly entering the life of every person. Many issues will soon be impossible to solve without the use of information technology and the availability of basic knowledge in this area.

The Internet has confidently entered the lives of most modern people and its influence on the formation of modern reality will only increase. Along with the numerous advantages of using the Internet  it also poses a significant threat to the information security of States and peoples living in them.

Thus, the Internet is widely used to promote various extremist ideas and movements, cyber fraud, information blockades, computer espionage and other illegal actions^[5].

The propaganda of extremist ideas and movements can lead to the abuse of the right of peoples to self-determination and the disintegration of States. 

Calls for terrorism and the secession of individual peoples from States pose an increasing danger. For example, many people from dysfunctional families may believe the appeals of terrorists and take part in their illegal activities.

In this regard, it seems necessary to define the concept of information security in international law. It is advisable to start the study of information security issues in international law with general provisions on security.

Thus, in the theoretical scientific literature on international law, various definitions of international security law are fixed. For example, from the point of view of G.M. Melkov, the law of international security is a set of principles and norms aimed at maintaining peace and international security, suppressing acts of aggression, ensuring political, economic, environmental, food, information and other types of security of states^[6]. 

According to Y.M. Kolosov and E.S. Krivchikova, the law of international security is a set of international legal principles and norms aimed at maintaining international peace and ensuring security in various fields - military, political, economic, financial, humanitarian, environmental, etc.^[7].  

From the point of view of I.I. Lukashuk and G.G. Shinkaretskaya, the law of international security is a set of norms regulating the interaction of states in the field of ensuring universal peace and security, including preventive activities^[8].

According to E.T. Usenko, international security in the modern world can only be collective. Its essence lies in the fact that it involves the creation of a system of joint actions of States around the world to prevent and eliminate threats to peace and suppress acts of aggression and other violations of peace^[9].

Consideration of various definitions of international security law allows us to identify the following features:

 - focus on maintaining peace and international security, suppression of acts of aggression;

 - ensuring security in various areas of society: political, economic, social, spiritual, etc.

 - prevention and elimination of threats to peace and suppression of acts of aggression.

Consideration of the signs of security in international law allows us to formulate the following definition of it. Thus, security in international law can be understood as a set of norms aimed at ensuring and maintaining peace, suppressing acts of aggression, ensuring peaceful life in various spheres: political, economic, social, spiritual, preventing and eliminating threats to peace and suppressing acts of aggression.

It should be borne in mind that the observance and strengthening of peace and security, based on the Charter of the United Nations, is of great importance due to the fact that there is no alternative to this rule of law and is not expected ^[10].

The concept of international information security is not fully researched and requires further study. Thus, from the point of view of O.S. Makarov, information security is a state of information technology that meets the interests of the individual, society and the state, allowing to maintain the guaranteed stability of information interaction of its users ^[11].

An important issue in the field of legal support of international information security is the application of international law to relations arising from the malicious use of information and communication technologies^[12].

It should be noted that information security is essential for the realization of the right of peoples to self-determination. The issue of the right of peoples to self-determination and the territorial integrity of States is one of the most complex and controversial in international law and is closely linked to the fate of sovereign States and peoples^[13].

In this regard, the study of some theoretical issues of the right of peoples to self-determination is of interest. In the theoretical literature on international law, there are different points of view on the concept of the right of peoples to self-determination.

Thus, according to S.V. Chernichenko, the right of peoples to self-determination includes the following elements: the obligation to respect the right of peoples to self-determination; its implementation through the free expression of the will of peoples or nations; its implementation excludes any pressure; it excludes the possibility of choosing a political status; it means the possibility of choosing the form of the state and socio-economic system^[14].

Many international legal documents enshrine provisions on the right of peoples to self-determination. For example, paragraph 2 of Article 1 of the Charter of the United Nations provides for the need to develop friendly relations between nations based on respect for the principle of equal rights and self-determination of peoples, as well as to take other appropriate measures to strengthen universal peace.

According to part 1 of Article 1 of the International Covenant on Civil and Political Rights of 1966, all peoples have the right to self-determination. By virtue of this right, they freely determine their political status and ensure their economic, social and cultural development.

By virtue of the provisions of the Final Act of the 1975 Conference on Security and Cooperation in Europe, States must respect the equality and right of peoples to control their own destiny, acting constantly in accordance with the purposes and principles of the Charter of the United Nations.

Peoples have the right to determine their internal and external political status in full freedom without outside interference and to pursue their political, economic, social and cultural development at their discretion.

The Vienna Declaration and Programme of Action of 1993 consolidated the provision that the World Conference on Human Rights considers the denial of the right to self-determination a violation of human rights and emphasizes the importance of the effective exercise of this right.

It should be borne in mind that the right of peoples to self-determination means the possibility of choosing the political status and forms of States, the right of peoples to freely ensure their economic, social and cultural development, which should be carried out through the free expression of the will of peoples without any outside interference^[15].  

Provisions on the right of peoples to self-determination have been enshrined in a number of international legal documents. Thus, the Declaration "On the Granting of Independence to Colonial Countries and Peoples"^[16] of 1960 consolidated the provisions that the subjugation of peoples to foreign domination and their exploitation are a denial of basic human rights.

At the same time, it should be borne in mind that all peoples have the right to self-determination. By virtue of this right, they have the opportunity to freely pursue their economic, social and cultural development.

Insufficient political, economic and social preparedness of peoples should never be used as a pretext for delaying the achievement of their independence.

Any military actions or repressive measures directed against dependent peoples must be stopped in order to give them the opportunity to exercise their right to full independence in peace and freedom.

In the Trust and Non-Self-Governing Territories, as well as in all other Territories that have not achieved independence, measures should be taken immediately to transfer all power to the peoples of these Territories, in accordance with their freely expressed will.

Any attempts aimed at partially or completely destroying the national unity and territorial integrity of States are incompatible with the purposes and principles of the Charter of the United Nations.

Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations 1970^[17] consolidated the provisions that all peoples have the right to freely determine their political status without outside interference and to pursue their economic, social and cultural development.

States are obliged to promote the principle of equal rights and self-determination of peoples in order to: promote friendly relations and cooperation and put an immediate end to colonialism, showing due respect for the freely expressed will of the peoples concerned.

The creation of sovereign and independent States, free accession to independent States, unification with them, the establishment of any other political statuses freely determined by the people are forms of the exercise by these peoples of the right to self-determination.

States are obliged to refrain from any violent actions that deprive peoples of the right to self-determination, freedom and independence. In their measures against such violent actions and in resisting them, these peoples, in the exercise of their right to self-determination, have the right to seek and receive support.

The territories of colonies or other Non-Self-Governing Territories should have a status separate and distinct from the status of the Territories of the States governing them.

In this regard, it is of interest to consider some aspects of the principle of territorial integrity of States. This principle presupposes the following provisions: respect for the territorial integrity of States; abstention from any actions incompatible with the purposes and principles of the Charter of the United Nations; abstention of States from turning each other's territory into an object of military occupation or into an object of acquisition through the use of force or threat of force.

States should refrain from any actions in the information sphere that are aimed at partially or completely violating the national unity and territorial integrity of any other countries.

In the modern world, information technology greatly facilitates life and brings a lot of benefits for the development of society. However, the operation of the life support systems of states can be subjected to various attacks that can disrupt the normal course of life.

In this regard, it should be noted that the violation of national unity and territorial integrity of states is possible as a result of cyber attacks that can disrupt not only the operation of critical information resources of states, steal information constituting a state secret, but also undermine the national security system, which should be qualified as an act of aggression^[18].

At the same time, it is important to take into account that the right of peoples to self-determination can be exercised taking into account other principles of international law, one of the most important among which is the principle of territorial integrity.

One can agree with the statement that the right of peoples to self-determination should be exercised in strict accordance with the requirements of other principles of international law. At the same time, the right to secession, as a rule, is not a form of the right to self-determination. It is enshrined in the constitutions of states^[19]. 

One of the most important documents that enshrine the provisions on the right to self-determination is the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples.^[20]

In this regard, it must be borne in mind that the subjugation of peoples to foreign domination and their exploitation are in fact a denial of basic human rights.

At the same time, all peoples have the right to self-determination, according to which they freely determine their political status and carry out their economic, social and cultural development.

Insufficient political, economic and social preparedness or insufficient training in the field of education should never be used as a pretext for achieving independence.

Military actions directed against dependent peoples must be stopped in order to give them the opportunity to exercise their right to full independence in peace and freedom. The integrity of their territories must be respected.

In all Territories that have not yet achieved independence, measures should be taken to transfer power to the peoples of these Territories, in accordance with their freely expressed will and desire, without any conditions or reservations and regardless of race, religion or skin color, in order to give them the opportunity to enjoy full independence and freedom.

Any attempts aimed at partially or completely destroying the national unity and territorial integrity of countries are incompatible with the purposes and principles of the Charter of the United Nations.

By virtue of the principle of territorial integrity, the territory of States can be changed only on the basis of the voluntary consent of the States themselves on the basis of international treaties that have entered into force between the States concerned^[21].

It should be noted that the issues of the impact of international information security on the exercise of the right of peoples to self-determination in the context of globalization are also relevant for Russia.

It seems that, despite the special historical path of development, Russia, like many other states of the modern world, is interested in ensuring international information security on its territory.

In international relations, the role of the force factor is not reduced. The desire of many countries to build up and modernize offensive weapons, create and deploy new types of them weakens the global security system, as well as the system of treaties and agreements in the field of arms control.

The overthrow of political regimes, provoking internal instability and conflicts is becoming more widespread. Along with the remaining hotbeds of tension in the Middle East, Africa, South Asia, and the Korean Peninsula, new "hot spots" are emerging, and zones that are not controlled by the authorities of any states are expanding. The territories of armed conflicts are becoming a base for the spread of terrorism, ethnic hatred, religious hostility, and other manifestations of extremism.

In this regard, the nature of the international situation is increasingly influenced by the increasing confrontation in the global information space, due to the desire of some countries to use information and communication technologies to achieve their goals.

It should be noted that new forms of illegal activity using information, communication and high technologies are increasingly emerging. Threats related to uncontrolled and illegal migration, human trafficking, and drugs are becoming increasingly acute.

In the modern world, States should build international relations on the principles of international law, ensuring reliable and equal security of States, mutual respect of peoples, preserving the diversity of their cultures, traditions and interests.

An active foreign policy aimed at creating a stable and stable system of international relations should contribute to ensuring the national interests of States in the field of international information security.

The topic of information security will become increasingly important over time and will never lose its relevance.

The modern world has become interdependent and borders between states with the development of information technologies have ceased to have such a significant importance as they had in the past.

Over time, the role of information in the life of society increases and it becomes more and more valuable. States with up-to-date, reliable and useful information have much more opportunities to improve the lives of their populations and solve their other tasks.

Moreover, the possession of reliable information becomes a condition for achieving success both by individuals and organizations, and by States as a whole.

In the field of international legal regulation of public relations, information is essential and is a condition for successful interaction between States.

In the sphere of international relations, information can also become one of the ways to worsen the situation of some States and improve the situation of others.

For example, the relations of states based on reliable information about each other and the principle of good faith benefit them and help mutual enrichment and prosperity.

On the contrary, bad relations between States based on unreliable information harm and worsen the situation of both the States themselves in the world community and the peoples living on their territories.

Security itself is a significant value. Normal life and development of any society is possible only in conditions of security.

International information security is becoming one of the main guarantees of the successful development of States and the solution of their pressing problems.

It seems that ensuring international information security should become one of the most important tasks for both individual States and the entire world community as a whole.

The analysis of international legal documents in the information sphere allows us to conclude that the legal regulation of international information security issues is imperfect.

In this regard, it seems appropriate to prepare and propose for consideration by the United Nations General Assembly a resolution "On international information security". This Resolution could provide for the following provisions: the concept of international information security; principles of international information security; goals and objectives in the field of international information security; mechanisms for the implementation of tasks in the field of international information security.

The resolution of the United Nations General Assembly "On international information security" could also provide for a section on the responsibility of States and their officials for committing internationally wrongful acts in the field of international information security.

The internationally wrongful acts of States in the field of international information security can include the behavior of its bodies and officials, provided that they act in an official capacity.

States may also be responsible for assisting other States in committing illegal acts in the field of international information security.

In case of detection of internationally wrongful acts in the information sphere, the responsible States are obliged to compensate it in full. The obligation of States to compensate for harm arises automatically for States by virtue of the facts of the commission of offenses.

Countermeasures and sanctions may be applied to States that have committed internationally wrongful acts in the information sphere. In this regard, it should be borne in mind that the use of countermeasures and sanctions can have a negative impact on the private legal relations of individuals and legal entities that have nothing to do with the commission of internationally wrongful acts in the information sphere.

It should be borne in mind that the application of sanctions entails the emergence of economic and political problems for States. Economic sanctions have a negative impact on the population, whose standard of living is declining and problems in all spheres of society are becoming more acute. 

In conclusion, it should be noted that many issues of the impact of international information security on the exercise of the right of peoples to self-determination remain not fully studied and deserve further research.

When studying the impact of international information security on the exercise of the right of peoples to self-determination in the future, it is necessary to take into account the constantly changing international situation and take into account developing information technologies.