Collective Countermeasures in Cyberspace
Notre Dame Journal of International and Comparative Law, Forthcoming
15 Pages Posted: 7 Sep 2019
Date Written: August 30, 2019
Abstract
In this Essay, I argue that the call for collective cyber countermeasures is the correct normative approach. Just as the threats that nations face in cyberspace often cross borders, so too should the ability to prevent and mitigate harm. The limited guidance from international legal authorities have not directly condoned collective countermeasures. Under the traditional countermeasures model, State A can exercise countermeasures against State B if State B has violated an international legal obligation to State A. While there is good reason for this framework, it was developed before the era of cyber aggression, and fails to address the disperse and asymmetric nature of modern threats. To be sure, collective countermeasures should be used carefully, and subject to the significant restrictions.
Keywords: countermeasures; cyberspace; international law
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