Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-10T20:39:45.394Z Has data issue: false hasContentIssue false

6 - Necessity

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
Get access

Summary

Acknowledging the difficulties of reliable and timely attribution in the immediate aftermath of a malicious cyber operation that may prevent states from invoking self-defence or countermeasures as remedies to justify protective conduct, the chapter zooms in on the customary doctrine of necessity as a circumstance precluding the wrongfulness of state conduct that does not require a responsible adversarial party. The requirements of successfully invoking necessity are analysed with regard to perilous cybersecurity incidents. In particular, it is inquired whether necessity can ever be capable of justifying the use of force by the imperilled state in order to prevent or mitigate harm. Finally, the legal consequences of invoking the doctrine are examined.

Type
Chapter
Information
Unilateral Remedies to Cyber Operations
Self-Defence, Countermeasures, Necessity, and the Question of Attribution
, pp. 201 - 258
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.

  • Necessity
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.009
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.

  • Necessity
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.009
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.

  • Necessity
  • Henning Lahmann
  • Book: Unilateral Remedies to Cyber Operations
  • Online publication: 31 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108807050.009
Available formats
×