The Need To Adapt The Legal Response To The Complexity Of Hybrid And Asymmetric Threats In The Digital Age

Abstract

The current development of evolving threats, both to national and international security, the global security environment, in general, is witnessing a state of heightened instability, in fact, of hybrid, asymmetric threats as well as those hybrids with asymmetric element, have been able to produce changes at the level of concepts such as „war”, „conflict” and „peace” at all levels, through or with the input of artificial intelligence. The highlighted criminogenic amalgam has become enshrined under the expression „gray zone”, which has become a priority for preserving the state of global security, but also the rule of law, in a generic sense, proving the ability to transcend the known theories and concepts of the use of force, as well as the tools and methods of deterrence or control, including three theories that depend entirely on psychological, physical, and normative factors: the balance of power, the normative balance, the balance of terror, and that of deterrence. We observe, without fear of an error, that, within this criminogenic palette, the information factor (especially the digital one), gains constant growth in the interest of scientific research, at the same time generating a necessary modeling of the domestic and international legal framework. Society has become, on the one hand, the victim of increasingly frequent manipulation and disinformation operations, carried out by state actors and proxies of states interested in achieving various goals, and on the other hand, trying to compensate through resilience and assertiveness in the perception process of information. The criminogenic interest in „information dissemination in the online space”, as a manifestation of the evolution of the security reality encountered in the proximity of Romania's borders, as well as in different „hot areas” of the world (e.g. the Near East, the Middle East, various regions of Africa and South America ), calls for special attention in the management of hybrid threats and asymmetric threats, both forms of serious crime, generating controversies and discussions in the area of legal research, seen as a contributory factor of normative predictability, under the sole purpose of predictability, countering or eliminating any aggressive actions against national security or state defense, under the effect of the universal principles of law: legality, necessity and proportionality. The article is a scientific signal to the need to adapt the law, of all bodies with decision-making powers, in the face of hybrid and asymmetric threats, present, especially, in the digital space, at the same time, to significantly limit the implications and consequences for the fundamental attributes of any state, implicitly for the preservation of fundamental rights and freedoms.