Cyber attacks, self-defence and the problem of attribution

Tsagourias, N. (2012) Cyber attacks, self-defence and the problem of attribution. Journal of Conflict and Security Law, 17(2), pp. 229-244. (doi: 10.1093/jcsl/krs019)

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Abstract

This article examines the conditions under which a cyber attack can trigger a State’s right to self-defence and argues that the current international law standards for attributing attacks to a State can cover the case of cyber attacks. More specifically, the victim State can use force by way of self-defence against another State if the attack has been committed by the latter’s organs or agents or has been committed by non-State actors tolerated by that State. When no State is implicated in the cyber attack, the victim State can take direct self-defence action against the non-State actor. It is however noted that future State practice may amplify further the attribution standards or introduce new standards.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Tsagourias, Prof Nicholas
Authors: Tsagourias, N.
College/School:College of Social Sciences > School of Law
Journal Name:Journal of Conflict and Security Law
ISSN:1467-7954
Published Online:24 July 2012

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