Proxy Wars in Cyber Space: The Evolving International Law of Attribution

I(II) Fletcher Security Review 55-73 (2014)

23 Pages Posted: 1 Feb 2014 Last revised: 16 Aug 2014

See all articles by Michael N. Schmitt

Michael N. Schmitt

Naval War College - Stockton Center for the Study of International Law; University of Exeter Law School; Lieber Institute, USMA at West Point

Liis Vihul

NATO Cooperative Cyber Defence Centre of Excellence

Date Written: May 31, 2014

Abstract

The article examines the use of non-State actors by States to conduct cyber operations against other States. In doing so, it examines attribution of a non-State actor's cyber operations to a State pursuant to the law of State responsibility, attribution of a non-State actor's cyber armed attack to a State for the purposes of a self-defense analysis, and attribution of cyber military operations to a State in the context of determining whether an international armed conflict has been initiated. These three very different legal inquiries are often confused with each other. The article seeks to deconstruct the issue of attribution into its various normative components.

Suggested Citation

Schmitt, Michael N. and Vihul, Liis, Proxy Wars in Cyber Space: The Evolving International Law of Attribution (May 31, 2014). I(II) Fletcher Security Review 55-73 (2014). Available at SSRN: https://ssrn.com/abstract=2388202

Michael N. Schmitt (Contact Author)

Naval War College - Stockton Center for the Study of International Law ( email )

686 Cushing Road
Newport, RI 02841
United States

HOME PAGE: http://www.usnwc.edu/Academics/Faculty/Michael-Schmitt.aspx

University of Exeter Law School ( email )

Streatham Court
University of Exeter
Exeter, EX4 4QJ
United Kingdom

HOME PAGE: http://socialsciences.exeter.ac.uk/law/staff/mschmitt/

Lieber Institute, USMA at West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

Liis Vihul

NATO Cooperative Cyber Defence Centre of Excellence ( email )

Filtri tee 12
Tallinn, 10132
Estonia

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