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Hybrid War in the Balkans

“Man is born free but under chains”. This is Rousseau’s famous philosophy of the “Social Contract” according to which each individual must surrender his rights to the Sovereign so that the latter guarantees the protection of these rights from infringement and inequality in a society. If the Sovereign would strictly observe the formula of the social contract, the world would undoubtedly be a better place.

As technology advances by leaps and bounds our world has changed before we know it.[1] Conflicts between states are now becoming more frequent in the range of cyber attacks and not in that conventional weapons or armed conflict. Curiosity toward the things and people around us is an essential part of human nature.[1]

Hybrid warfare is a combination of conventional and non-conventional weapons[1] including cybercrime, the latter being considered a science of governance and communication between living beings and machines.[2] Cybercrimes threaten information, information exchange, cyberspace, and today’s human society, fueling a new global virtual war that requires a review of policies and protective measures. This type of criminal activity presents difficulties to be traced, investigated, pursued, and discovered because it is not limited by national and geographical borders. Our country does not have many human resources and advanced technology to fight cybercrime. Protection against cybercrime requires a higher commitment from all state and private bodies, giving importance to citizens, as users who have access to the Internet. The broadest and fastest information of the public is required through the cooperation of Media-Specialized Institutions.[1]

The occurrence of two massive data leakage incidents and one of the most sensational cyber attacks in history, such as the publication of lists of sensitive data of citizens, reflecting their salaries and personal data, made that in January of this year RSH ratified the Convention of the Council of Europe on Access to Official Documents (CETS 205) known as the “Tromso Convention” which recognizes the general right of access to official documents held by public authorities and the amending Protocol of the “Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data as Convention 108+.[1]

Expanded cooperation and electronic evidence” filed in the Assembly of RSH will aim to facilitate mutual cooperation in the criminal field, with the aim of increasing efficiency in the investigation of criminal offenses in the cyber field and simplifying the receipt of evidence in electronic form. Also, the second additional protocol of the Convention contains provisions for facilitating cooperation between the party states, conducting investigations for criminal offenses related to computer systems and data, and for obtaining evidence in electronic form.[1]

Another challenge in hybrid warfare is the issue of state-sponsored cyber espionage campaigns, where the latter may indirectly sponsor actors who have the ability to penetrate their adversaries’ systems. In this sense, hackers have become potential private spy armies in the digital age, available to the highest bidder. The rise of cyber espionage has also added another element to the notion of developing hybrid conflicts and asymmetric warfare, where conflicts are no longer black and white, but come in different forms and intensities. By engaging in cyber espionage, states are now able to develop hybrid relationships with their adversaries. In fact, relations in the physical world continue as normal, while hostilities and conflicts take place in the digital realm, through the practice of cyber espionage, alongside hacking and activism, cybercrime, and cyber offensive activities. Attackers can be government units or agencies, private companies, criminal organizations, terrorists, or informal groups and individuals.[1] Critical national infrastructure is an asset essential to maintaining fundamental societal functions and which, if put out of service for a long period of time, would create a serious risk to public health, the economy, the environment, citizens, and national security.[1]

The 5G network is the first mobile architecture designed to support multiple specific use cases, each with its own unique cybersecurity requirements. The 5G market is a huge business opportunity for mobile operators and their business partners. However, devices and use cases increase the potential for cybercrime.[1] With the development of technology and the ever-increasing number of users and smart devices, many countries of the world have integrated the “Smart Cities” system, where electronic sensors are used that collect specific data from citizens, devices, buildings, systems and transport, etc., to increase security and improve public services. Meanwhile, many individuals use “Smart Homes” which enables them to control home lights, climate, security cameras, cleaning equipment, television, and many daily use devices from the telephone device, saving time and effort.

We also have the most personal devices that monitor our health data such as heart rate, steps taken during the day, calories burned, etc. These systems will play an important role in the future making us productive, but at the same time, they can be a potential cyber risk targeting individuals or businesses.[1]

The strategy of cyber interference by unfriendly countries in the political, economic, and electoral processes of the region is to strengthen their positions, as well as to nurture anti-Western values in the Balkan countries. A feature of this war in the Balkans is the sponsorship and organization of protests and riots by extremist nationalist forces, through the so-called civil society funded by the institutions of unfriendly countries. In addition to paralyzing governmental and state institutions by hacking information systems, security experts predict that another objective of the escalation of the cyber war against NATO countries could be to attack the critical infrastructure of the Balkan states, specifically the electricity system, the system aqueducts, national medical service, police, medical, dams for causing massive floods, public transport, etc.[1]

In international jurisprudence, an intense discussion has started about whether cyber-attacks should be considered from a legal point of view as acts of war. In fact, there seems to be a unanimous opinion that these attacks, which destabilize governments, state institutions, and the economy, should be considered acts of war. But since it is a new form of war between states and not classic aggression of physical occupation, it has not yet found a defined reflection in the form of an international legal document where it is classified as an act of war.[1] In February of this year, the world witnessed the conventional and asymmetric conflict between the two eastern countries, which had an impact on the Balkan countries, where in recent months they faced hybrid attacks. The publication of salaries, and personal data, the malfunctioning of government platforms, and finally the intervention in the TIMS system brought disruptions to the political, legal, and economic system, with significant consequences. This whirlwind of cybercrime does not seem to end there.

It is generally hypothesized that the perpetrators of cyber attacks are placed under the command of foreign secret services, which operate in the interests of their respective states. A higher level of dangerousness of cybercrime is the possible cooperation between unfriendly secret services and organized crime in Albania, in order to achieve their respective objectives. Despite the integration of good criminal legislation and the tightening of measures related to cybercrime, what prevents the prevention of this hybrid war is the fact that there is a lack of the “will” from the political body, rather than trying to come to the aid of the citizens, regarding the implementation of the law for protection from such attacks, only succeeds in working for its own interests.

It seems that a dark age is coming, where humanity is facing a world energy crisis that is predicted to worsen with the knock of winter, at the same time we are in the middle of an industrial technological development that may call into question the coexistence between artificial intelligence and human beings. The science fiction genre in the “science fiction” format that we follow in Hollywood movies seems to be a bitter reality. The challenge for states remains the progress of legal initiatives with the step of time, in order to prevent and resist hybrid warfare.

Associate – Kristiana Kalo

Bitri&Bakiu Law Firm

From February 2021, Kristiana Kalo is part of the Bitri&Bakiu Legal Studio.
In its activities, it covers the insurance sector, work permit/visa/residence permit applications related to foreign nationals.
Her education, qualifications, and initiatives are oriented toward criminal matters.
She is a potential candidate as a future prosecutor.

References:

[1] Cyber spying: “Tracking your family’s Secret Online Lives. https://cloudflareipfs.com/ipfs/bafykbzaceagxfvrrft4ap3lhzr5j6xlfjtdv47op5bvz5xatfup3aiemqdmxg?filename=%28Sometimes%20Secret%20Online%20Lives%29%20Ted%20Fair%2C%.

[1] Cyber spying: “Tracking your family’s Secret Online Lives https://cloudflareipfs.com/ipfs/bafykbzaceagxfvrrft4ap3lhzr5j6xlfjtdv47op5bvz5xatfup3aiemqdmxg?filename=%28Sometimes%20Secret%20Online%20Lives%29%20Ted%20Fair%2C%.

[1] Krimi Kibernetik Harmonizimi I Legjislacionit Shqiptar Me Atë Europian Aldo Shkëmbi, fq.9.

[1](Krahasimi I Rrjetit Mobil 4g Dhe 5g Leutrim Hasani University For Business And Technology – Ubt) https://knowledgecenter.ubt-uni.net/cgi/viewcontent.cgi?article=2968&context=etd.

[1]Policimi dhe Siguria: “Krimi kompjuterik, kërcënimi kibernetik dhe siguria kombëtare”, Botimi i Akademisë së Sigurisë, Tiranë 2018.

[1](Introduction to Cybersecurity Governance–A Tool for Members of Parliament) https://www.dcaf.ch/sites/default/files/publications/documents/CyberPolicyToolALBANIAN.pdf

[1] https://www.parlament.al/Files/ProjektLigje/20220907112147ADERIM%20-%20KRIMI%20KIBERNETIK.pdf.

[1] http://www.ambasadat.gov.al/council-of-europe/sq/me-rastin-e-dit%C3%ABs-s%C3%AB-mbrojtjes-s%C3%AB-t%C3%AB-dh%C3%ABnave-shqip%C3%ABria-n%C3%ABnshkruan-konvent%C3%ABn-e-troms%C3%B8-dhe-konvent%C3%ABn.

[1] Policimi dhe Siguria: “Krimi kompjuterik, kërcënimi kibernetik dhe siguria kombëtare”, Botimi i Akademisë së Sigurisë, Tiranë 2018.

[1] https://www.nato.int/docu/review/articles/2021/11/30/hybrid-warfare-new-threats-complexity-and-trust-as-the-antidote/index.html.

[2] Krimi Kibernetik Harmonizimi I Legjislacionit Shqiptar Me Atë Europian Aldo Shkëmbi, fq.9.