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3 - International Legal Framework

from Part I - Cybersecurity Incidents and International Law

Published online by Cambridge University Press:  31 March 2020

Henning Lahmann
Affiliation:
Digital Society Institute, ESMT Berlin
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Summary

This chapter analyses the ways in which rules of current international law, based in both treaty and customary law, apply to adversarial state conduct in cyberspace. First, it is examined if and under which circumstances malicious cyber operations can amount to a prohibited use of force pursuant to Article 2(4) of the UN Charter. Both state practice and scholarly literature in this regard are closely scrutinised. Further on, the chapter zooms in on the customary principle of non-intervention and inquires how malicious conduct in cyberspace may be in violation of said principle. In particular, state practice and scholarship are consulted in order to clarify the question of what acts would qualify as 'coercion' within the meaning of the intervention doctrine. Finally, it is asked whether there exists a stand-alone rule of respect for sovereignty in international law, and if so, how a cyber operation could infringe on it.

Type
Chapter
Information
Unilateral Remedies to Cyber Operations
Self-Defence, Countermeasures, Necessity, and the Question of Attribution
, pp. 21 - 42
Publisher: Cambridge University Press
Print publication year: 2020

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