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4 - Self-Defence

from Part II - Unilateral Remedies to Cybersecurity Incidents

Published online by Cambridge University Press:  31 March 2020

Henning Lahmann
Affiliation:
Digital Society Institute, ESMT Berlin
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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.

Type
Chapter
Information
Unilateral Remedies to Cyber Operations
Self-Defence, Countermeasures, Necessity, and the Question of Attribution
, pp. 47 - 112
Publisher: Cambridge University Press
Print publication year: 2020

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  • Self-Defence
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.007
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  • Self-Defence
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.007
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.

  • Self-Defence
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.007
Available formats
×