Table of Contents

UN Charter

As of 30 September 2026. Information only, not legal advice – see the disclaimer.

Full title Charter of the United Nations
Type Treaty (constituent instrument of the United Nations)
Adopted by United Nations Conference on International Organization, San Francisco
Adopted Signed 26 June 1945
Legal status In force since 24 October 1945; binding on all 193 UN Member States; Art. 103 gives Charter obligations priority over obligations under other international agreements
Official text United Nations – UN Charter (full text)
Subject area Use of force, intervention and cyber operations

Overview

The Charter of the United Nations is the founding treaty of the United Nations. It sets out the purposes and principles of the Organization, including the maintenance of international peace and security, the peaceful settlement of disputes, the prohibition of the threat or use of force and the principle of non-intervention by the Organization in domestic matters. It establishes the principal organs, including the Security Council with primary responsibility for international peace and security. In the UN processes on information and communications technologies (ICTs), States have repeatedly affirmed that international law, and in particular the Charter, is applicable to the use of ICTs by States. The Charter is therefore the reference point in debates on whether and when cyber or information operations amount to a use of force, an armed attack or a threat to the peace.

Provisions relevant to the cyber and information sphere

Application to cyber and information operations

The consensus reports of the UN Groups of Governmental Experts (A/68/98 of 2013, A/70/174 of 2015, A/76/135 of 2021) state that international law, and in particular the Charter, is applicable and essential to maintaining peace and stability in the ICT environment. The 2015 report refers to the obligation to settle disputes by peaceful means and to refrain from the threat or use of force; the 2021 report notes the inherent right of States to take measures consistent with international law and as recognised in the Charter. See ict_norms.

The International Court of Justice stated in its 1996 advisory opinion on the Legality of the Threat or Use of Nuclear Weapons that Arts 2(4) and 51 apply to any use of force, regardless of the weapons employed; this passage is frequently cited in discussions on cyber operations.

Several States have published national positions on how Arts 2(4) and 51 apply to cyber operations (see, for example, the official compendium A/76/136 and germany). Many of these positions assess whether a cyber operation constitutes a use of force by reference to its scale and effects, comparing it with kinetic operations. The African Union Peace and Security Council adopted a Common African Position on the application of international law to the use of ICTs in cyberspace in January 2024. Some States, including the Russian Federation and others, have taken the view that existing law should be supplemented by a new legally binding instrument; others hold that the existing framework is sufficient. Whether operations without physical effects (for example, information operations) can constitute a use of force is not settled in State practice.

Recent developments

Sources

Change log