Distributed Denial-of-Service Attacks under Public International Law: State Responsibility in Cyberwar

The IUP Journal of Cyber Law, Vol. VIII, Nos. 3 & 4, pp. 10-23, August & November 2009

Posted: 28 Nov 2009

See all articles by Stefan Kirchner

Stefan Kirchner

University of Lapland, Arctic Centre

Date Written: November 26, 2009

Abstract

Distributed Denial-of-Service (DDOS) Attacks are a major weapon of cyberwarfare and are now also used during or before major political and military conflicts, such as the 2008 Russo-Georgian War, the Russian- Estonian political tensions as well as in the Middle East conflict. International Law is based on consensus and therefore naturally slow to react to new developments including this new tool of warfare. The same is true of many states. This raises the question of how to qualify DDoS Attacks under the existing rules of Public International Law. After investigating the legal nature of DDoS Attacks, the question needs to be asked which rules cover such attacks and who can be held responsible for DDoS Attacks, in particular such attacks which are conducted by (potentially paid and/or foreign) hackers on behalf of states.

Suggested Citation

Kirchner, Stefan, Distributed Denial-of-Service Attacks under Public International Law: State Responsibility in Cyberwar (November 26, 2009). The IUP Journal of Cyber Law, Vol. VIII, Nos. 3 & 4, pp. 10-23, August & November 2009, Available at SSRN: https://ssrn.com/abstract=1514190

Stefan Kirchner (Contact Author)

University of Lapland, Arctic Centre ( email )

P.O. Box 122
Rovaniemi, Lapland 96101
Finland
+358404844001 (Phone)

HOME PAGE: http://www.ulapland.fi

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
972
PlumX Metrics