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5 - Countermeasures

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

A growing number of states have started pointing to the customary doctrine of countermeasures as the most feasible unilateral remedy in the case of a malicious cyber operation carried out by an adversarial actor. Thus, the legal requirements of successfully invoking a right to resort to countermeasures are analysed in depth. In particular, the chapter deals with state policies such as 'active cyber defences' and 'hacking back' as reactions to cybersecurity incidents, and their lawfulness as countermeasures. After examining the pervasive problem of attribution in cyberspace, the states' duty to prevent malicious cyber operations emanating from their territory and the standard of due diligence in this regard are investigated. The chapter concludes with considering the invocation of countermeasures for the purpose of guarantees of non-repetition and reparation in the aftermath of a cybersecurity incident.

Type
Chapter
Information
Unilateral Remedies to Cyber Operations
Self-Defence, Countermeasures, Necessity, and the Question of Attribution
, pp. 113 - 200
Publisher: Cambridge University Press
Print publication year: 2020

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  • Countermeasures
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.008
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  • Countermeasures
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.008
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.

  • Countermeasures
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.008
Available formats
×