Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A Jurisprudential-Legal Analysis of the Foundations of State Civil Liability for Compensating Damages to Online Businesses in Wartime Conditions

Document Type : research

Authors
1 MA student, Department of International Law, Payame Noor University, Tehran, Iran
2 MA student, Department of Jurisprudence and Fundamentals of Islamic Law, Imam Khomeini and Islamic Revolution Research Institute, Tehran, Iran.
10.22034/ejs.2026.584918.2177
Abstract
Background and Aim: With the evolving nature of modern warfare and the intertwining of national security with digital economy infrastructures, the present study aims to explore the jurisprudential and legal foundations of state civil liability for damages incurred by online businesses during wartime. The central question is whether sovereign actions, such as network restriction or disconnection in war conditions, create a legal obligation for the state to provide compensation or not.

Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical.

Findings: The findings indicate that classic concepts such as “Force Majeure” and “Sovereign Immunity” are no longer sufficient to address the complexities of the digital age. By reinterpreting the concept of “Loss of Profit” and regarding communication infrastructure as a “Means of Production,” the state is held liable based on the “Risk Theory” and the “Principle of Equality before Public Burdens” in cases of disproportionate network disconnection or deficiencies in defense systems.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Conclusion: The results, while critiquing Article 11 of the Civil Liability Law, emphasize the necessity of transitioning from absolute sovereign immunity to conditional liability. Strategic proposals of this research include drafting a “Mandatory Insurance System for Digital Infrastructure Liability,” establishing a “Cyber Damage Compensation Fund,” and amending current laws to strike a balance between sovereign authority and citizens’ right to work during wartime.
Keywords
Subjects


Articles in Press, Accepted Manuscript
Available Online from 17 August 2026