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Part III – Conclusion

from Part III - Remedies against State-Sponsored Cyber Operations

Published online by Cambridge University Press:  28 February 2020

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

Part III examined the remedies available, against the responsible State, to the State victim of a cyber operation. This Part is based on the findings of the two previous Parts. Its first chapter (Chapter 9) showed that the victim State of a cyber operation is entitled to invoke the responsibility of the perpetrating State if two cumulative criteria are met: the cyber operation constitutes an internationally unlawful conduct (Part II) and it is attributable to the perpetrating State (Part I). In such circumstances, the victim State is entitled to invoke the responsibility of the perpetrating State and to obtain full reparation for the damage caused. The reparation is more likely to take the form of compensation and satisfaction than restitutio in integrum. The second chapter of this Part (Chapter 10) examined the measures of self-help that may be used by the victim State to compel the responsible State to comply with its obligations under the law of State responsibility. This chapter demonstrated that countermeasures should be considered to be the main remedy against state-sponsored cyber operations.

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Publisher: Cambridge University Press
Print publication year: 2020

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