Non-State Actors, Ungoverned Spaces and International Responsibility for Cyber Acts

Tsagourias, N. (2016) Non-state actors, ungoverned spaces and international responsibility for cyber acts, Journal of Conflict and Security Law, 21 (3). pp. 455-474

19 Pages Posted: 19 Sep 2018

See all articles by Nicholas Tsagourias

Nicholas Tsagourias

University of Sheffield - Faculty of Law

Date Written: September 28, 2016

Abstract

This article examines the question of whether states can be held responsible for the malicious cyber activities of non-state actors operating from ungoverned spaces. After examining relevant rules of the law of state responsibility, it concludes that there is a responsibility deficit. For this reason, it puts forward a proposal for holding non-state actors that exercise effective power over territories and people directly responsible for their malicious cyber activities. In this respect, it considers the scope of their obligations, issues of attribution as well as issues concerning the implementation of their responsibility. It however acknowledges that many non-state actors including ‘virtual’ groups still remain outside legal regulation.

Keywords: Responsibility, Non-State Actors, Ungoverned Spaces, Virtual Groups, Legal Personality, Attribution, Implementation of Responsibility

JEL Classification: K33

Suggested Citation

Tsagourias, Nicholas, Non-State Actors, Ungoverned Spaces and International Responsibility for Cyber Acts (September 28, 2016). Tsagourias, N. (2016) Non-state actors, ungoverned spaces and international responsibility for cyber acts, Journal of Conflict and Security Law, 21 (3). pp. 455-474, Available at SSRN: https://ssrn.com/abstract=3242718

Nicholas Tsagourias (Contact Author)

University of Sheffield - Faculty of Law ( email )

Bartolome House
Sheffield, S3 7ND
United Kingdom

HOME PAGE: http://https://www.shef.ac.uk/law/staff/academic/ntsagourias

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