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2 results

  • 6 - Necessity

  • from Part II - Unilateral Remedies to Cybersecurity Incidents
  • Henning Lahmann
  • Book:
    Unilateral Remedies to Cyber Operations
    Published online:
    31 March 2020
    Print publication:
    09 April 2020, pp 201-258

  • 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.

Unilateral Remedies to Cyber Operations
  • Self-Defence, Countermeasures, Necessity, and the Question of Attribution
  • Henning Lahmann
  • Published online:
    31 March 2020
    Print publication:
    09 April 2020
  • Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that a state faces when considering a reaction to a malicious cyber operation conducted by an adversarial state. While often invoked in political debates and widely analysed in international legal scholarship, self-defence and countermeasures will often remain unavailable to states in situations of cyber emergency due to the pervasive problem of reliable and timely attribution of cyber operations to state actors. Analysing the legal questions surrounding attribution in detail, the book presents the necessity defence as an evidently available alternative. However, the shortcomings of the doctrine as based in customary international law that render it problematic as a remedy for states are examined in-depth. In light of this, the book concludes by outlining a special emergency regime for cyberspace.