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Unilateral Remedies to Cyber Operations from Part III - Outlines of an Emergency Regime for Cyberspace
Published online by Cambridge University Press: 31 March 2020
In light of some of the legal challenges as regards unilateral remedies to cyber operations, in large part, but not only a consequence of the attribution problem, the present study has made an attempt to modestly propose the outlines of a possible special emergency regime for cyberspace. Acknowledging that the difficulty in identifying reasonably quickly the perpetrator of malicious conduct is a function of software code and the original design of the global cyber infrastructures, and thus structural, necessity is likely to become more significant as a circumstance precluding the wrongfulness of protective state conduct. Considering the concept’s shortcomings, a newly established primary rule seems preferable.
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