Cyber Operations and Collective Countermeasures under International Law
File version
Accepted Manuscript (AM)
Author(s)
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
Size
File type(s)
Location
License
Abstract
This article examines international law on the use of countermeasures against peacetime cyber operations that fall below the armed attack threshold. It focuses on collective countermeasures - ie, measures taken by states which have not been affected by the cyber operation but which have been requested to assist by the state victim to these operations. While a general right for non-injured states to take countermeasures has not been recognised in international law, this article demonstrates that there is some support for this right in circumstances where the injured state requests assistance from a non-injured state. It argues that a limited right of collective countermeasures should be recognised in the cyber context. This is warranted as it expands the remedies available to states subject to cyber operations and offers a way for less technologically advanced states to obtain assistance when subject to malicious cyber operations from their adversaries.
Journal Title
Journal Of Conflict And Security Law
Conference Title
Book Title
Edition
Volume
25
Issue
1
Thesis Type
Degree Program
School
Publisher link
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
© 2020 Oxford University Press. This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Journal of Conflict and Security Law following peer review. The definitive publisher-authenticated version Cyber Operations and Collective Countermeasures under International Law, Journal of Conflict and Security Law, 2020, 25 (1), pp. 33-51 is available online at: https://doi.org/10.1093/jcsl/kraa003.
Item Access Status
Note
Access the data
Related item(s)
Subject
Public international law
International and comparative law
Public law
Persistent link to this record
Citation
Haataja, S, Cyber Operations and Collective Countermeasures under International Law, Journal Of Conflict And Security Law, 2020, 25 (1), pp. 33-51