State Responsibility for Cyberattacks on International Peace and Security
Polish Yearbook of International Law, pp. 139-152, 2009
13 Pages Posted: 30 Aug 2010
Date Written: April 3, 2010
This article discusses international law mechanism allowing to prosecute a state for electronic threats generated from its territory, directed against a foreign sovereign. It analyses the possibility to recognize a cyber-attack as an act of international aggression and shows existing difficulties at the present state of international debate. Afterwards, it turns to the traditional notion of state responsibility for the lack of due diligence as a source of state’s responsibility for cyber-attacks. Such due diligence should be guaranteed through sufficient criminal law regulations that are properly executed in order to effectively prevent and persecute electronic attacks. The article submits in this context that an international debate, resulting in international guidelines is required. The results of such a debate would than allow harmonize national criminal law regulations. Although the author points to the need of an international debate on the system of protection against cyber-attacks on state key electronic infrastructure, she also emphasizes already existing international obligations for states to take responsibility for attacks conducted form their territory.
Keywords: cyberspace, cyberattacks, international law, state responsibility
JEL Classification: K33
Suggested Citation: Suggested Citation