Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-17T01:15:53.205Z Has data issue: false hasContentIssue false

7 - Circumstances Precluding or Attenuating the Wrongfulness of Unlawful Cyber Operations

from Part II - The Lawfulness of Cyber Operations

Published online by Cambridge University Press:  28 February 2020

François Delerue
Affiliation:
Institut de Recherche stratégique de l’École militaire
Get access

Summary

The wrongfulness of a cyber operation, which would otherwise constitute a breach of an international obligation of the responsible State, can be precluded if perpetrated in some specific circumstances. Such circumstances do not terminate or annul the international obligation, but justify or excuse the specific conduct. This chapter analyses the main circumstances precluding wrongfulness on the basis of the work of the International Law Commission. Hence, it focuses on consent, force majeure, distress and necessity. Force majeure, distress and necessity characterise situations in which a State is compelled to commit an act not compatible with its international obligations. The difference between force majeure and distress or necessity is the absence of the element of free choice in the former; while in case of distress or necessity, the State benefits from a certain degree of choice. Cyber operations conducted as a form of reprisal, either in self-defence or as countermeasures, will be dealt with in the last part of this book.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×