State Responsibility for Acts of Cyber‐Terrorism

14 Pages Posted: 13 Jul 2016

See all articles by Joanna Kulesza

Joanna Kulesza

University of Lodz - Faculty of Law and Administration

Date Written: September 13, 2010

Abstract

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 cyberattacks on state key electronic infrastructure, she also emphasizes already existing international obligations for states to take responsibility for attacks conducted form their territory.

Keywords: GigaNet

Suggested Citation

Kulesza, Joanna, State Responsibility for Acts of Cyber‐Terrorism (September 13, 2010). GigaNet: Global Internet Governance Academic Network, Annual Symposium 2010, Available at SSRN: https://ssrn.com/abstract=2809223 or http://dx.doi.org/10.2139/ssrn.2809223

Joanna Kulesza (Contact Author)

University of Lodz - Faculty of Law and Administration ( email )

Kopcinskiego Street 8/12
Lodz, 90-232
Poland

HOME PAGE: http://https://www.wpia.uni.lodz.pl/en/about/staff/joanna-kulesza.html?preview=1

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