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- Title
Collective Cyber Countermeasures?
- Authors
Schmitt, Michael N.; Watts, Sean
- Abstract
Countermeasures are an established and instrumental aspect of the international legal system of self-help. Although countermeasures are of long lineage, it was only with the advent of cyber operations that they took center stage in international law discourse among states, as they appeared to offer injured states a legal basis for "hack backs." This article examines the evolution of approaches to collective countermeasures initiated between states and reflected in the work of the International Court of Justice and the International Law Commission. Upon this groundwork, we survey and assess the international security conditions relevant to the issue of collective countermeasures, with particular emphasis on their use in cyberspace. We conclude that, though the issue remains unsettled as a matter of law, collective cyber countermeasures on behalf of injured states, and support for the countermeasures of the injured state, are lawful.
- Subjects
UNITED Nations. International Law Commission; INTERNATIONAL courts; INTERNATIONAL security; INTERNATIONAL law; JUSTICE administration; CYBERSPACE; CYBERBULLYING
- Publication
Harvard National Security Journal, 2021, Vol 12, Issue 2, p176
- ISSN
2153-1358
- Publication type
Article