Book contents
- Unilateral Remedies to Cyber Operations
- Unilateral Remedies to Cyber Operations
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Part I Cybersecurity Incidents and International Law
- Part II Unilateral Remedies to Cybersecurity Incidents
- 4 Self-Defence
- 5 Countermeasures
- 6 Necessity
- Part III Outlines of an Emergency Regime for Cyberspace
- Bibliography
- Index
4 - Self-Defence
from Part II - Unilateral Remedies to Cybersecurity Incidents
Published online by Cambridge University Press: 31 March 2020
- Unilateral Remedies to Cyber Operations
- Unilateral Remedies to Cyber Operations
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Part I Cybersecurity Incidents and International Law
- Part II Unilateral Remedies to Cybersecurity Incidents
- 4 Self-Defence
- 5 Countermeasures
- 6 Necessity
- Part III Outlines of an Emergency Regime for Cyberspace
- Bibliography
- Index
Summary
This chapter analyses the preconditions of invoking self-defence against a malicious cyber operation. After examining the notion of 'armed attack' and under what circumstances a cybersecurity incident may reach the critical threshold, the study focuses on the question of attributing the malicious conduct to a state actor. Depending first on identifying the acting individual whose hacking then needs to be linked to a state via the rules enshrined in the ILC Articles on State Responsibility, the question of the applicable standard of evidence is analysed in detail. Concluding that the technical peculiarities of cyberspace will often prevent states from presenting a sufficient amount of proof of adversarial state involvement in a timely manner, the chapter exposes the inherent difficulties in connection with the doctrine of self-defence in cyberspace.
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- Unilateral Remedies to Cyber OperationsSelf-Defence, Countermeasures, Necessity, and the Question of Attribution, pp. 47 - 112Publisher: Cambridge University PressPrint publication year: 2020